New  York  City 
Building  Zone  Resolutions 

AND 

-low in o  Use,  Height  and  Area  Districti 

Borough  of  Manhattan 
Borough  of  The  Bronx 
Borough  of  Br o o k  1  y n 


Ex  ICtbrta 

SEYMOUR  DURST 


-t '  fort  niewv  ^im/lcrjam.  oj>  Je  MriJiatarus 


When  you  leave,  please  leave  this  book 

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Gift  of  Seymour  B.  Durst  Old  York  Library 


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New  York  City 
Building  Zone  Resolution 


Restricting  the  Height  and  Use  of  Buildings 
and  Prescribing  the  Minimum  Sizes 
of  Their  Yards  and  Courts 

With  explanatory  notes  that  will  be  helpful  to 
Owners,  Builders  and  Architects 


by 


George  B.  Ford 

Consultant  to  the  Commission  on  Building  Districts 
and  Restrictions 


These  notes  arc  not  official,  expressing  only  Mr.  Ford's  personal 
interpretation  of  the  laze.  They  in  no  way  affect  the  official 
rules,  standards  and  decisions  promulgated  by  the  Board  of 
Standards  and  Appeals. 

Revised  for  Second  Edition 


Price  Two  Dollars 


Copyrighted  by 

NEW  YORK  TITLE  AND  MORTGAGE  COMPANY 
1920 


The  Plan  to  divide  the  City  into  districts  for  the  purpose  of 
regulating  the  height  of  buildings,  the  area  of  courts  and  open 
spaces  and  the  location  of  trades  and  industries,  constitutes  a 
radical  departure  in  the  building  of  American  Cities,  although  the 
principle  of  municipal  control  over  such  improvements  has  long 
been  recognized  in  Europe.  This  plan  resulted  in  the  following- 
resolutions,  adopted  on  July  25,  1916,  by  the  Board  of  Estimate 
and  Apportionment  under  authority  granted  by  Chapter  470  of 
the  Laws  of  1914,  as  amended  by  Chapter  497  of  the  Laws  of 
1916. 

The  general  favor  with  which  the  resolutions  have  been  re- 
ceived arises  not  only  from  the  intelligent  care  exercised  in  their 
framing,  but  also  from  the  equitable  methods  by  which  the  re- 
quirements and  restrictions  of  the  resolution  are  varied,  or 
adapted,  by  the  Board  of  Appeals,  in  particular  cases,  so  as  to 
avoid  undue  hardship.  By  the  creation  of  restricted  zones,  busi- 
ness and  manufacturing  will  be  confined  to  those  streets  and  dis- 
tricts where  they  can  be  carried  on  most  suitably,  thereby  pre- 
serving the  residential  districts  and  stabilizing  real  estate  values. 
While  in  the  minds  of  some  there  may  be  a  question  as  to  the 
constitutionality  of  certain  provisions,  it  is  hoped  by  those  inter- 
ested in  the  improvement  of  civic  conditions  that  the  resolutions 
in  their  entirety  will  finally  be  upheld  by  the  courts. 

The  New  York  Title  and  Mortgage  Company  believes  that  it 
is  meeting  a  need  of  the  real  estate  public  in  presenting  the  Build- 
ing Zone  Resolutions  in  convenient  book  form,  accompanied  by 
a  Map  of  the  Borough  of  Manhattan,  consisting  of  a  compilation 
of  the  three  large  maps  issued  by  the  City. 

For  further  information  about  this  law,  or  about  the  procedure 
toward  securing  modifications,  or  variations  from  the  strict  letter  of 
the  resolution,  apply  to  the  Building  Superintendent  of  any  Borough, 
or  to  the  Secretary  of  the  Board  of  Appeals,  Boom  914,  Municipal 
Building,  Manhattan.  For  information  as  to  the  procedure  to  secure 
amendments  to  the  use  district  designations  or  other  provisions  of  the 
resolution,  apply  to  the  Secretary  of  the  Board  of  Estimate  and 
Apportionment,  thirteenth  floor,  Municipal  Building,  or  to  the  Presi- 
dent of  any  Borough. 


CITY  OF  NEW  YORK 

BOARD  OF  ESTIMATE  AND  APPORTIONMENT 


BUILDING  ZONE  RESOLUTION 

(Adopted  July  25,  1916) 
with  Amendments  to  January  1,  1920. 


A  Resolution  regulating  and  limiting  the  height  and  hulk  of 
huildings  hereafter  erected,  and  regulating  and  determining 
the  area  of  yards,  courts  and  other  open  spaces,  and  regulating 
and  restricting  the  location  of  trades  and  industries  and  the 
location  of  huildings  designed  fur  specified  uses  and  establish- 
ing the  boundaries  of  districts  for  said  purposes. 

Be  it  resolved  by  the  Board  of  Estimate  and  Apportionment 
of  the  City  of  New  York : 

Article  I — Definitions 
§  1.    Definitions.    Certain  words  in  this  resolution  are 
defined  for  the  purposes  thereof  as  follows: 

(a)  Words  used  in  the  present  tense  include  the  future;  the 
singular  number  includes  the  plural  and  the  plural  the  singu- 
lar; the  word  "lot"  includes  the  word  "plot";  the  word  "build- 
ing" includes  the  word  "structure." 

(b)  The  "street  line"  is  the  dividing  line  between  the  street 
and  the  lot. 

Note.— The  street  line,  as  defined  hero,  is  virtually  the  same  as  "build- 
ing line"  as  used  in  the  Building  Code,  except  that  here  the  street  line  is 
without  exception  the  line  dividing  the  public  street  or  open  space  from 
private  property.  Even  where  there  is  a  setback  by  law  or  by  covenant 
in  the  deed,  the  street  line  remains  as  above  defined. 

(c)  The  "width  of  the  street"  is  the  mean  of  the  distances 
between  the  sides  thereof  within  a  block.  Where  a  street  bor- 
ders a  public  place,  public  park  or  navigable  body  of  waters  the 
width  of  the  street  is  the  mean  width  of  such  street  plus  the 
width,  measured  at  right  angles  to  the  street  line,  of  such 
public  place,  public  park  or  body  of  water. 

Note— If  two  sides  of  a  street  are  not  parallel  the  width  of  the  street 
should  be  considered  to  be  the  mean  width  of  the  street  within  the  block 

to  be  obtained  from  the  open  spaces  of  parks,  etc.,  but  if  the  street  be- 
tween a  building  and  the  park  or  waterfront  is  more  than  100  feet  in 
width,  no  exceptional  advantage  would  accrue  from  the  presence  of  the 
open  space  on  the  other  side  of  the  street   except  in  sitting  back  of 

of  half  the  sum  of  the  extremes  but  rather  in  the  sense  of  the  arith- 
metical mean  or  weighted  average  which  may  be  defined  as  the  quotient 
of  the  sum  of  the  variables  divided  by  their  number. 

(d)  The  "curb  level,"  for  the  purpose  of  measuring  the 
height  of  any  portion  of  a  building,  is  the  mean  level  of  the 
curb  in  front  of  such  portion  of  the  building.  But  where  a 
building  is  on  a  corner  lot  the  curb  level  is  the  mean  level  of 
the  curb  on  the  street  of  greatest  width.  If  such  greatest 
width  occurs  on  more  than  one  street  the  curb  level  is  the 
mean  level  of  the  curb  on  that  street  of  greatest  width  which 
has  the  highest  curb  elevation.  The  "curb  level"  fur  the  pur- 
pose of  regulating  and  determining  the  area  of  yards,  courts 
and  open  spaces  is  the  mean  level  of  the  curb  at  that  front  of 
the  building  where  there  is  the  highest  curb  elevation.  Where 
no  curb  elevation  has  been  established  or  the  building  does  not 
adjoin  the  street  the  average  ground  level  of  the  lot  shall  be 
considered  the  curb  level. 

Note.— This  definition  of  curb  level  is  very  nearly  the  same  as  the  one 
in  the  new  Building  Code  and  the  one  in  the  Tenement  House  Law.  It 


vill  be  observed,  however,  that  in  the  last  clause  of  Section  1,  paragraph 
f,  the  definition  of  curb  in  the  Tenement  House  Law  should  govern 
ivnercver  the  building  comes  under  the  Tenement  House  Law.  If  a 
corner  building  faces  on  a  GO-foot  street  and  two  100-foot  streets,  the 
li  ight  of  the  building  may  be  determined  from  the  higher  of  the  two 
100-foot  streets.  A  street  or  public  open  space  wider  than  100  feet  should 
le  considered  to  be  of  the  same  width  as  a  100-foot  street.  If  a  building, 
lot  on  a  corner,  runs  through  a  block  from  one  street  to  another  each 
sheet  wall  would  take  its  height  from  the  street  on  which  it  faces  but 
[he  yards  and  courts  would  all  be  reckoned  from  the  curb  level  of  the 

(e)  A  "street  wall"  of  a  building,  at  any  level,  is  the  wall 
)r  part  of  the  building  nearest  to  the  street  line. 


If  a 


of  a 


ould  be  considered  as  set 
le.  Of  course,  this  would 
i  and  bay  windows  beyond  ' 


:c  from  the  stre 
of  ordinary  dor 
in  the  Building 
tc,  provided  that  they  keep  within  the  height 
all  is  also  intended  to  include  the  front  walls 
iccur  above  the  height  limit  at  the  street  line 
ront  walls  of  dormers,  towers  and  hcadhouses. 

include  any  other  wall  which  is  near  enough 
i  by  the  height  limits  upon  such  street.  Thus 

or  side  walls,  where  they  might  be  affected  by 


of  c 


(f)  The  "height  of  a  building"  is  the  vertical  distance  meas- 
ured in  the  case  of  flat  roofs  from  the  curb  level  to  the  level 
of  the  highest  point  of  the  roof  beams  adjacent  to  the  street 
wall,  and  in  the  case  of  pitched  roofs  from  the  curb  level  to 
the  mean  height  level  of  the  gable.  Where  no  roof  beams 
exist  or  there  are  structures  wholly  or  partly  above  the  roof 
the  height  shall  be  measured  from  the  curb  level  to  the  level 
of  the  highest  point  of  the  building.  Where  a  building  is  a 
tenement  house  as  defined  in  the  Tenement  House  Law  the 
height  of  the  building  on  the  street  line  shall  be  measured  as 
prescribed  in  said  law  for  the  measurement  of  the  height  of  a 
tenement  house  and  such  measurement  shall  be  from  the  curb 
level  as  that  term  is  used  in  said  law. 

Note.— The  height  of  a  building  is  virtually  the  same  as  defined  in  the 
Building  Code.  A  roof  sign  or  other  structure  on  the  building  would 
have  to  come  within  the  height  limit.  Parapets,  dormers,  headhouses, 
roof  signs,  etc.,  may  be  excepted  from  the  above  as  set  forth  in  the  ex- 
ceptions to  the  height  provisions  in  Section  9.  The  last  sentence  in  1-f 
was  added  in  order  to  allow  nine  stories  to  be  erected  in  the  90  feet  of 
height  allowed  for  apartments  under  the  Tenement  House  Law  on  the 
00  foot  streets  of  the  city.  This  would  be  virtually  impossible  under  the 
definition  of  height  in  the  first  sentence  of  1-f.  The  height  of  a  building 
having  a  pitched  roof,  the  gable  of  which  does  not  face  the  street,  should 
be  measured  to  the  level  of  the  highest  point  of  the  roof  beams  where 
they  are  adjacent  to  the  street  wall. 

(g)  The  "depth  of  a  lot"  is  the  mean  distance  from  the 
street  line  of  the  lot  to  its  rear  line  measured  in  the  general 
direction  of  the  side  lines  of  the  lot. 


5 


Hiding  between  the  rear  line  of  the  building  and 
of  the  lot. 


(i)  Tin-  "depth  of  a  rear  yard"  is  the  mean  distance  1 
ween  the  rear  line  of  the  building  and  the  rear  line  of  the  1 


(j)  Lots  or  portions  of  lots  shall  be  deemed  "back  to  back" 
when  they  are  on  opposite  sides  of  the  same  part  of  a  rear  line 
common  to  both  and  the  opposite  street  lines  on  which  the 
lots  front  are  parallel  with  each  other  or  make  an  angle  with 
each  other  of  not  over  45  degrees. 


Not 


s  of  t 


i  the  i 


el.  if  higher, 
vail  boundin; 
l  height  of  s 


of  the  horizontal 
el.    If  two  opposil 
the    horizontal  ( 
to  be  the  mean  di 


.t  any  level  is 
d  or  court  at 
:ourt  are  not 
em  shall  be 


i  then 


irregular  shape,  say,  for  example,  a 
dimensions  in  each  direction  would 

would  be  the  one  taken  for  the  pur- 
be  obtained  as  follows:     For  each 

■  horizontal  dimensions  of  the  court 

L-rpendicular  to  such  side  should  be 


of  the 


of  such  i 


1  of  r 


.  Wh 
should  not  be  measured 

jraph  will  undoubtedly 


mined  by  the  Board  of  Appeals. 

The  "length  of  an  outer  court"  at  any  given  point  shall 
surcd  in  the  general  direction  of  the  side  lines  of  such 
rom  the  end  opposite  the  end  opening  on  a  street,  or  a 
ml,  to  such  point. 

w  to  encouraging  the  widening 


mds. 


1  offset 


i  length. 


t  ends  of  blocks 
general,  it  is  the 
1  be  back  to  back 


Article  II — Use  Districts 
S  2.  Use  Districts.  For  the  purpose  of  regulating  and 
restricting  the  location  of  trades  and  industries  and  the  loca- 
tion of  buildings  designed  for  specified  uses,  the  City  of  New 
York  is  hereby  divided  into  three  classes  of  districts:  (1) 
residence  districts,  (2)  business  districts,  and  (3)  unrestricted 


(k)  A  "court"  is  an  open  unoccupied  space,  other  than  a 
rear  yard,  on  the  same  lot  with  a  building.  A  court  not  ex- 
tending to  the  street  or  to  a  rear  yard  in  an  "inner  court."  A 
court  extending  to  the  street  or  a  rear  yard  is  an  "outer 
court."  A  court  on  the  lot  line  extending  through  from  the 
street  to  a  rear  yard  or  another  street  is  a  "side  yard." 
Note — The  definitions  of  courts  are  approximately  the  same  as  those 
of  the  Tenement  House  Law.  In  the  case  of  a  building-  that  is  not 
required  to  have  a  rear  yard,  a  rear  open  space  equal  in  size  to  an 
inner  court  would  he  required  where  an  outer  court  or  a  side  yard 
opens  on  it.  Where  a  court  or  yard  consists  of  one  or  more  distinct 
parts,  each  part  should  be  considered  bv  itself  and  its  required 
dimensions  and  area  determined  accordingly. 

(1)  The  "height  of  a  yard  or  a  court"  at  any  given  level 
shall  be  measured  from  the  lowest  level  of  such  yard  or  court 
as  actually  constructed  or  from  the  cu 
such  level.  The  highest  level  of  any  § 
court  or  yard  shall  be  deemed  to  be  th< 
wall.  Where  a  building  is  a  tenement  h 
House  Law,  the  height  of  a 
red  as  prescribed  in  such  law. 


districts 
this  rcso 


5  she 


i  the  use  district  map  which  accompanies 


nd  is  hereby 


1,  elu 


d  tc 


The  use  district 
which  accompam 
to  be  part  thereo 


use  district  mi 
)  building  or  pr 
se  other  than  ; 


be  part  hereof.  The 
■e  hereby  established, 
nap  designation  rules 

are  hereby  declared 
niscs  shall  he  erected 
purpose  permitted  in 
r  premises  is  located. 


t  thr> 


mild  I, 


§  3.  Residence  Districts.  In  a  residence  district  no 
milding  shall  be  erected  other  than  a  building  with  its  usual 
.ccessories.  arranged,  intended  or  designed  exclusively  for 
me  or  more  of  the  following  specified  uses: 

(1)  Dwellings  which  shall  include  dwelling  for  one  or 
nore  families  and  boarding  houses  and  also  hotels  which  have 
hirty  or  more  sleeping  rooms. 

(2)  Clubs,  excepting  clubs  the  chief  activity  of  which  is  a 
crvicc  customarily  carried  on  as  a  business. 

(3)  Churches. 

(4)  Schools,  libraries  or  public  museums. 

(5)  Philanthropic  or  eleemosynary  uses  or  institutions  other 
ban  correctional  institutions. 

(6)  Hospitals  and  sanitariums. 


(7)  Railr 

(8)  Farn 


ick  gardet 


r  green  houses. 


'  In  a  residence  district  no  building  c 
for  any  use  other  than  a  use  above  spec 
may  be  erected  and  for  the  accessor 
dent  thereto.  The  term  accesory  use 
ness  nor  shall  it  include  any  buildin 
the  same  lot  with  the  building  or  use 
A  private  garage  for  more  than  five 
be  deemed  an  accessory  use. 


»  the 


could  hardly  be  objectionable.  A  private  gar; 
car,  covdd  not  be  located  in  a  residence  distric 
one  on  which  the  house  was  located. 

§  4.  Business  Districts,  (a)  In  a 
building  or  premises  -hall  be  used,  and 
erected  which  is  arranged,  intended  or 
for  any  of  the  following  specified  trades 

Ammonia,  chlorine  or  bleaching  po\ 

Asphalt  manufacture  or  refining. 

Assaying  (other  than  gold  or  silver ] 

Blacksmithing  or  horseshoeing. 

Boiler  making. 

Brewing  or  distilling  of  liquors. 
Carpet  cleaning. 
Celluloid  manufacture. 
Crematory. 

Distillation  of  coal,  wood  or  bones. 

Dyeing  or  dry  cleaning. 

Electric  central  station  power  plant 

Fat  rendering. 

Fertilizer  manufacture. 

Garage  for  more  than  five  motor 
a  warehouse  where  motor  vehicles 
storage  only,  and  not  including 
motor  vehicles  are  kept  for  sale 
purposes  only. 

Gas  (illuminating  or  heating)  mam 

Glue,  size  and  gelatine  manufactur 

Incineration  or  reduction  of  garbaj 
or  refuse. 

Iron,  steel,  brass  or  copper  works. 

Junk,  scrap  paper  or  bag  storage  o 

Lamp  black  manufacture. 

Lime,  cement  or  plaster  of  Paris  manufacture. 

Milk  bottling  and  distributing  station. 

Oil  cloth  or  linoleum  manufacture. 

Paint,  oil,  varnish  or  turpentine  manufacture. 

Petroleum  refining  or  storage. 

Printing  ink  manufacture. 

Raw  hides  or  skins — storage,  curing  or  tanning. 

Repair  shop  for  motor  vehicles. 

Rubber  manufacture  from  the  crude  material. 

Saw  or  planing  mill. 

Shoddy  manufacture  or  wool  scouring. 

Slaughtering  of  animals. 

Smelting. 

Soap  manufacture. 
Stable  for  more  than  five  horses. 
Starch,  glucose  or  dextrine  manufacture. 
Stock  yards. 

Stone  or  monumental  works. 

SasoLine  i  jAfis  i 


ess  district  no 
uilding  shall  be 
ned  to  be  used, 


-  baling. 


C^^A(Cc    L  IN  I  J ^  • 

fE've^  Repairs. 


Sugar  refining. 

Sulphurous,  sulphuric,  nitric  < 
facture. 

Tallow,  grease  or  lard  manut; 
Tar  distillation  or  manufactui 
Tar  roofing  or  tar  waterprool 


drochloric  acid  manti- 


(b) 


uill  be 


odor,  dust 


oke,  gas  ( 


shall  i 


mission  of 
places  of 


nses  shall  be 


:ted.  which  i 


(c)  In  a  business  district  nc 
used,  and  no  building  shall  be 
tended  or  designed  to  be  used 
except  that  any  kind  of  mam 
the  prohibkions  of  paragraphs 
carried  on  provided  not  more 
floor  space  of  the  building  is  : 
area  of  the  lot  may  be  so  used 
of  said  25  per  cent.  The  print 
deemed  manufacturing.  Xo  u: 
trict  by  section  3  shall  be  excluded  from  a  business  district. 

Note. — In  a  business  district  a  limited  amount  of  unobjectionable 
manufacturing  might  be  carried  on  provided  that  the  aggregate  area  de- 


not  included  within 
f  this  section  may  be 
er  cent,  of  the  total 
it  space  equal  to  the 
e.  although  in  excess 
nvspaper  shall  not  be 
d  in  a  residence  dis- 


icluding 
where 


ricts  for  which 

ded  1 

y  this  article. 

mined  they 

should  be  considered 

§  6.  Existing 

Buildings 

and 

Premises,  (a) 

Any  use 

exsiting  in  any  t 

uilding  o 

mises  at  the  tir 

te  of  the 

passage   of  this 

resolution 

and 

not  conformii 

g   to  the 

regulations   of  'th 

e  use  dist 

rict  i 

n   which   it  is  t 

may  be  continuec 

therein. 

No  e 

xisting  building 

arranged,  intende 

ted  t 

nitted  by 

this  article  in  tl 

hich  such  use 

shall  be  enlarged 

,  extendec 

,  rec 

onstructed  or  st 

ructurally 

altered  unless  su 

ch  use  is 

chan* 

mitted  in 

the   district  in 

which  sue 

h  bt 

ilding   is  locat 

»d.  Such 

building  may,  ho\ 

urally  alt- 

ered  to  an  extent 

r  tha 

the  value- 

of  the  building,  t 

ndations,  prpvid 

d  that  n<> 

use  in  such  buildi 

ig  is  chan 

r  extended,  excev 

t  as  auth- 

orized  in  paragra 

)h  b  of  th 

ion,  and  provide 

1.  further, 

that  no  use  inclu 

led  in  any 

of  the  enumerate 

d  subdivi- 

sions  of  paragra 

>h  a  of  s 

nto  a  use 

included  in  any  other  enumerated  subdivision  of  para- 
graph a  of  section  4  or  into  a  use  prohibited  by  para- 
graph b  of  section  4,  and  also  provided  that  no  use  pro- 
hibited by  paragraph  b  of  section  4  is  changed  into  an- 
other use  prohibited  by  paragraph  b  of  section  4  or  into 
a  use  included  in  an  enumerated  subdivision  of  paragraph 
a  of  section4. 

(b)  Any  use  existing  in  any  building  or  premises  at  the 
time  of  the  passage  of  this  resolution  and  not  conform- 
ing to  the  regulations  of  the  use  district  in  which  it  is 
maintained  may  be  changed,  and  such  use  may  be  ex- 
tended throughout  the  building,  provided  that  in  either 
case: 

AJv  'T'"j56l_£r  pAlin^S-- 


structural  alteratio 
scent  as  authorized 


inder  such  condi- 
of  the  more  re- 


authorized in  this 
changed,  subject  1 


paragr; 

Notc- 


ime  of  passage  of  this  resolul 
lanufacturing,  should  be  allov 
per  cent,  of  the  value  of  the 


section,  the 
j  the  limita- 
1    4   of  this 


of  t 


•  fact 


ted  .li- 


the latter  case  the  store  had  no  show  windows  or 
lin  the  residence  district.  Preventing  the  blocking 
street  with  delivery  wagons  would  probably  be  a 
efusing  such  an  extension.  Cases  of  the  above 
he  end  of  a  block  or  through  the  middle  of  a  block. 

.  residence  district  a  central  telephone  ex- 
Ming  or  use  in  keeping  with  the  uses  ex- 
i  in  section  3  as  the  purposes  for  which 
ses  may  be  erected  or  used  in  a  residence 


,n4ht 


i  by  t 


allowed  by  the  Hoard  of 


i  building  foi  which  plans  had  been  filed  at  the  time  of 
passage  of  this  resolution.  On  the  other  hand,  it  is  intended  that  a 
building  which  has  been  occupied  fur  business  use  and  not  for  manu- 
facturing shall  not  be  converted  to  industrial  use  where  it  happens  to 
come  in  a  business  district.  A  private  house  could  be  altered  into  a 
club  house  or  boarding  house  within  a  residence  district,  but  not  into  a 
store  or  other  business  or  industrial  use. 

§  7.  Use  District  Exceptions.  The  Board  of  Appeals, 
created  by  chapter  503  of  the  laws  of  1916,  may,  in  appropriate 
cases,  after  public  notice  and  hearing,  and  subject  to  appro- 
priate conditions  and  safeguards,  determine  and  vary  the 
application  of  the  use  district  regulations  herein  established 
in  harmony  with  their  general  purpose  and  intent  as  follows : 

(a)  Permit  the  extension  of  an  existing  building  and  the 
existing  use  thereof  upon  the  lot  occupied  by  such  building  at 
the  time  of  the  passage  of  this  resolution  or  permit  the  erec- 
tion of  an  additional  building  upon  a  lot  occupied  at  the  time 
of  the  passage  of  this  resolution  by  a  commercial  or  industrial 
establishment  and  which  additional  building  is  a  part  of  such 
establishment. 


— This  would  permit  ai 
;  of  passage  of  this  resi 


vided  that 


vided 


l  of  the  land  area  occupied  and 
need,  after  due  notice  and  public  hearing, 
leiglihoi  Imod.  It  is  not  assumed,  for  ex- 
on  a  one-story  garage  in  a  residence  dis- 
i  three  story  garage,  as  that  would  doubt- 
ghborhood.    The  Board  of  Appeals  would 

aring.  to  which  lu  ami'  all  affected  would 


district  boundary  line  di 
he  time  of  the  passage  o 
ed  on  either  portion  of  si 
not  more  than  25  feet  b 
ct  in  which  such  use  is.ai 


Pe 


:ss  dis 


the  erection  or  exten- 
any  portion  of  a  street 


sion  of  a  garage  or  stable 
between  two  intersecting  streets  in  which  portion  there 
exists  a  garage  for  more  than  five  motor  vehicles  or  a 
stable  for  more  than  five  horses  at  the  time  of  the  pas- 
sage of  this  resolution. 

Note. — Public  garages  or  stables  are  not  permitted  in  business  dis- 
tricts but  where  they  have  located  on  business  streets  prior  to  the 
passage  of  this  resolution  anil  have  already  harmed  the  block  even  for 
business  purposes  so  that  it  has  little  value  except  for  garages  and 
stables  then  the  Board  of  Appeals  would  have  the  power  to  let  the  rest 


(f) 


loard  of  Appeals  c 

(g)  Permit  in 


/eloped  sections  of  the  city  temporary 
its  for  not  more  than  two  years  for 
i  contravention  of  the  requirements  of 

w  a  man  in  an  outlying  part  of  the  city  in 
n  on  the  map  as  a  future  residence  section  to 
;ing  plant  or  a  public  garage,  provided  that  he 
the  end  of  two  years  if  the  Hoard  of  Appeals 
a  nuisance.  If  there  seemed  to  be  any  doubt 
•  the  owner  to  remove  the  building  later  the 
emand  that  he  give  a  bond. 


esidence  distr 


:  the  i 


the 


of  the  owners  of  80  per  cent,  of  the 
•  the  Board  to  be  immediately  affected 
arage.  Such  permit  shall  specify  the 
ipacity  of  the  garage  and  shall  impose 
ms  and  safeguards  upon  the  construc- 


III — Height  Districts 


Height  Districts.    For  t 

titing  the  height  and  bulk  of 


rpose  of  regulating 
ngs  hereafter  erected, 
J  into  five  classes  of 
one  and  one-quarter 
les  districts,  (d)  two 


8 


on  the  height  district  map  which  ac 
and  is  hereby  declared  to  be  part  hei 
designated  on  said  map  are  hereby 


imes  districts  ;  as  shown 
□mpanies  this  resolution 
?of.  The  height  districts 
;stablished.    The  height 


district  map  designations  and  map  designation  rules  which 
accompany  said  height  district  map  are  hereby  declared  to  be 
part  thereof.  No  building  or  part  of  a  building  shall  be 
erected  except  in  conformity  with  the  regulations  herein  pre- 
scribed for  the  height  district  in  which  said  building  is  located. 

(a)  In  a  one  times  district  no  building  shall  be  erected  to 
a  height  in  excess  of  the  width  of  the  street,  but  for  each  one 
foot  that  the  building  or  a  portion  of  it  sets  back  from  the 
street  line  two  feet  shall  be  added  to  the  height  limit  of  such 
building  or  such  portion  thereof. 


ul.l  alt.-, 


lew  Kin 


wlu-i 


t  hot 


me-  d.-tr 


would  slope  back  i 


ically 


mple.  above  90  feet  on  a  00-foot  street  in  one  and 
he  can  add  on  an  upper  30  feet  provided  he  sets 
<  10  feet  from  the  street  line.  He  can  make  that 
e  height  limit  in  the  form  of  a  mansard  which 
ratio  of  one  foot  horizontally  to  three  feet  ver- 
setback  of  three  and  one-third  feet  for  each  of  three 
ries,  or  in  a  setback  of  10  feet  for  the  whole  height  of  30  feet;  then 
can  set  back  again  above  the  top  of  this  setback  provided  he  keeps 
hin  the  same  setback  plane.  In  general  the  setbacks  might  be  deter- 
ned  by  a  line  drawn  from  the  center  of  the  street  up  through  the 
■izontal  line  in  the  strict  wall  on  the  street  line  at  the  level  of  the 
ght  limit  on  the  street  line  for  that  district  and  street, 
^n  the  street  in  question  this  horizontal  height  limit  line  would  be  at 
level  of  90  feet.  These  two  lines  would  determine  a  plane  which 
;ht  be  called  a  setback  plane  and  no  portion  of  the  building  erected 
ive  the  height  limit  would  project  in  front  of  this  setback  plane  except 
allowed  later  on  in  the  case  of  dormers,  towers  or  parapets.  Not  only 
t,  but  no  portion  of  any  building,  whether  it  actually  fronts  on  the 

(.li  hi  a  two  times  district  no  building  shall  be  erected  to 
icight  in  excess  of  twice  the  width  of  the  street,  but  for  each 
e  foot  that  the  building  or  a  portioji  of  it  sets  back  from 
■  street  line,  four  feet  shall  be  added  to  the  height  limit  of 


the  height  limit  of  i 


SETBACK  PRINCIPLE:. 


milding  shall  tha 
Lalf  tunes  the  pli( 
the  building  no? 


In  a  two  and  one-halt  times  district  no  building  shall 
ted  to  a  height  in  excess  of  two  and  one-half  times 
th  of  the  street,  but  for  each  one  foot  that  the  building 
rtion  of  it  sets  back  from  the  street  line,  live  feet  shall 
•d  to  the  heighl  limit  of  such  building  or  such  portion 

Height  District  Exceptions,  (a)  On  streets  less 
)  feet  in  width  the  same  height  regulations  shall  ap- 
s  on  streets  50  feet  in  width  and,  except  for  the  pur- 
if  paragraph  d  of  this  section,  on  streets  more  than  100 
width  the  same  height  regulations  shall  be  applied  as 


vidth. 


uld  be  permitted  to  go  just  ; 


runs  op  from  the  < 
ter  of  the  street 
through  the  limit-  p& 
mg  height  at  the 
street  line 


?/////;/>}//////////. 


i  the  side 
•r  street. 


larrower  street,  near  its  intersection  with  a 

building  or  any  part  of  any  building  fronting 
•  street  within   100  feet,  measured  at  right 

of  the  wider  street,  shall  be  governed  by  the 
s  provieted  for  the  wider  street.    A  corner 

intersecting  streets  shall  b.e  governed  by  the 
s  provided  for  the  wider  street  for  150  feet 

such  wider  street,  measured  along  such  nar- 

nded  that  any  building  or  any  part  of  a  building 
ins  through  t 


:  height 


carry  its  height  on  the  wider  street  back  for  150  feet 
r  street.  This  would  mean  that  on  a  corner  of  a  100 
t  in  a  one  and  one  half  times  district  an  office  building 
ouse  might  carry  150  feet  of  height  on  the  street  wall 
ng  the  side  street  and  from  there  on  down  the  side 
all  on  the  street  line  could  be  only  90  feet  in  height, 
1  might  continue  on  up  to  150  feet  in  height  like  the 


9 


HLIGHT  LIMITS       \%  TIMES  DISTRICTS 


Same  prwc/p/es  app/y  w  esc/?  o/~ Me  o//?er  d/jfric/s 
Set  backs  may  be  J/  eac//  s/ory  or  iserers/  s/or/es  a/ 
once  or  //?  //?e  farm  of~  a  mansard 


10 


.nidi i>  reduced  > 


ng  above 
ich  height 
:ase  be  at 


(e)  When  at  the 


street.  The  ave 
be  computed  by  ; 
prescribed  height 


ge  would 
that  al- 


1  90' 

1  160' 

Bld'g 

Bld'g 

|'..  •  •  •••• 

|  ELxcess  =  40' 

a  2  times  district 

Excess --80' 
Proposed  Building  may  goto  |< 


1 1 


Article  IV— Area  Districts 

§  10.    Area  Districts.   For  the  purpose  of  reg 
determining  the  area  of  yards,  courts  and  other 
for  buildings  hereafter  erected,  the  City  of  Nc 
herel.y  divided  into  five  classes  or  area  districts: 
and  E;  as  shown  on  the  area  district  map  which 


A,  B,  C,  D 


of. 


rhe 


this  resolution  and  is  hereby  declared  to  be  p 
area  districts  designated  on  said  map  are  hereby  established. 
The  tlrea  district  map  designations  and  map  designation  rules 
which  accompany  said  area  map  are  hereby  declared  to  be  a 
part  thereof.  No  building  or  part  of  a  building  shall  be 
erected  except  in  conformity  with  the  regulations  herein  pre- 
scribed for  the  area  district  in  which  such  building  is  located. 
Unless  otherwise  expressly  provided  the  term  yard,  side 
yard,  outer  court  or  inner  court  when  used  in  this  article 
shall  be  deemed  to  refer  only  to  a  rear  yard,  side  yard,  outer 
court  or  inner  court  required  by  this  article.  No  lot  area  shall 
be  so  reduced  or  diminished  that  the  yards,  courts  or  open 
spaces  shall  be  smaller  than  prescribed  in  this  article. 

from  shutting  off  or  decreasing  below  a  reasonable  amount  the  access  of 
light  and  air  to  windows  in  neighboring  buildings,  especially  on  the  lower 
stories.  It  would  also  provide  for  reasonable  and  adequate  lighting  of 
rooms  in  the  lower  stories  of  the  building  itself  where  they  face  on  a 


of  the  block  from 


space 


§11.  A  Districts.  In  an  A  district  a  court  at  any  given 
height  shall  be  at  least  one  inch  in  least  dimension  for  each 
one  foot  of  such  height. 

Note. — The  A  districts  are  intended  to  make  it  possible  for  ware- 
storage   plants,  i 


.  of  the 


light 


from 


side, 


The 


\  -list 


have  been  located  only 
.•rfront  and  along  certain  freight  railways,  where 
[S  would  be  most  likely  to  locate  and  also  where 
ive  the  least  harmful  effect  on  surrounding  tene 
e  Light  and  Ventilation  ordinance  of  the  Board 
n  general  that  a  court  for  the  lighting  and  ven- 
tall  have  a  width  at  any  point  of  not  less  than 
of  height,  and  this  provision  is  retained  here  as 
It  is  understood  that  any  tenement  house  in  an 
3  conform  to  the  Tenement  House  Law,  and  any 
arehouses  would  have  to  conform  to  the  Light 


area'b  districts  interior  lots 


12 


§  12.  B  Districts.  In  a  B  district  a  rear  yard  at  any 
given  height  shall  he  at  least  two  inches  in  least  dimension 
for  each  one  foot  of  such  height.  The  depth  of  a  rear  yard 
at  its  lowest  level  shall  he  at  least  10  per  cent,  of  the  depth  of 
the  lot,  but  need  not  exceed  10  feet  at  such  level.  An  outer 
court  or  a  side  yard  at  any  given  height  shall  be  at  least  one 
inch  in  least  dimension  for  each  one  foot  of  such  height.  An 
outer  court  at  any  given  point  shall  be  at  least"  one  and  one- 
half  inches  in  least  dimension  for  each  one  foot  of  length. 
But  for  each  one  foot  that  an  outer  court  at  any  given  height 
would,  under  the  above  rules,  be  wider  in  its  least  dimension 
for  such  height  than  the  minimum  required  by  its  length,  one 
inch  shall  be  deducted  from  the  required  least  dimension  for 
such  height  for  each  24  feet  of  such  height.  A  side  yard  for 
its  length  within  50  feet  of  the  street  may  for  the  purposes  of 
the  above  rule  be  considered  an  outer  court. 

Note— In  the  B  districts,  all  buildings,  whether  stores,  offices,  factory 
lofts,  hotels  or  apartments,  would  have  to  conform  to  the  above  pro- 
visions with  regard  to  yards  and  courts,  which  are  approximately  the 
same  as  those  required  by  the  Tenement  House  Law  up  to  between  90 
and  100  feet  in  height.  Above  that  height  yards  and  outer  courts  under 
this  resolution  Would  have  to  be  a  little  larger  and  become  increasingly 
larger  as  the  building  went  up  in  height.     Inner  courts  on  the  lot  line 

below  120  feet  in  height,  while  inner  courts  not  on  the  lot  line  would 
not  become  larger  below  228  feet  in  height.  Whenever  rear  yards  are 
required  above  a  level  23  feet  above  the  curb  level,  they  should  never 
be  less  than  10  feet  deep  on  a  lot  100  feet  or  more  in  depth.  Where  a 
building  is  back  to  back  with  another  building,  a  required  rear  yard  at 
150  feet  in  height  would  have  to  be  25  feet  in  least  dimension;  at  90 
feet  in  height  it  would  have  to  be  IS  feet  in  least  dimension,  all  heights 
being  taken  from  the  curb  level  where  they  relate  to  buildings  in  a  resi- 
dence district.  If  the  building  were  not  in  a  residence  district,  3  feet 
10  inches  might  be  subtracted  from  each  of  these  least  dimensions,  as 
the  yard  might  start  23  feet  above  the  curb. 

width,  it  would  have  to  be  widened  out  somewhat  at  the  open  end.  At 
90  feet  in  heignt,  such  outer  court  would  have  to  be  7' ',  feet  in  width. 
If,  in  a  building  150  feet  high  where  an  outer  court  would  normally 
have  to  be  12'/2  feet  wide,  the  court,  instead  of  eight  times,  is  not  over 
four  times  as  long  as  it  would  have  to  be  wide;  that  is,  not  over  50  feet 
long,  then  it  could  be  six  inches  narrower  for  every  24  feet  of  height  or 
three  feet  narrower  for  a  building  between  144  and  108  feet  high.  This 
would  bring  it  down  to  what  is  required  under  the  Tenement  House  Law. 
By  the  same  rule,  the  side  yard  required  under  the  Tenement  House 
Law  may  be  reduced  from  12</2  feet  to  the  10  feet  required  in  that  law, 
provided  such  yard  is  not  more  than  50  feet  in  depth  from  the  street. 
Wherever  a  unit  such  as  24  feet  is  mentioned,  no  subdivision  of  it 
should  be  allowed.    Forty-seven  feet  would  count  as  only  24  feet. 

Inner  courts,  whether  on  the  lot  line  or  not,  would  be  about  half  way 
between  the  required  yard  and  the  outer  court  in  dimensions.  For  ex. 
ample,  in  a  building  150  feet  high,  an  inner  court  at  the  top  could  be  not 

of  equivalent  area  could  be  18  by  36  feet,  but  not  17  by  38  feet  because 
17  feet  is  less  than  one-half  of  38  feet.  At  90  feet  in  height  at  the  top 
(he  court  would  have  to  be  15  feet  square,  or  contain  225  square  feet, 
provided  that  it  were  not  more  than  twice  as  long  as  it  were  wide  for 
that  area.  In  the  case  of  a  building  which  was  not  back  to  back  with 
another  building,  an  outer  court  could  use  the  minimum  provisions  here 
stated  for  outer  courts  only  in  case  the  rear  yard  on  which  it  opened 

150  feet  in  height,  25  feet  square,  or  18  by  30  feet,  or  with  dimensions 
somewhere  between,  giving  an  area  of  025  feet.  However,  a  special  ex- 
ception is  made  to  the  above,  especially  for  corner  buildings  on  narrow 
lots,  according  to  which  the  size  of  such  an  inner  court  might  be  reduced 
if  connected  with  the  street  by  a  side  yard. 

§  13.  C  Districts-,  (a)  In  a  C  district  a  rear  yard  at  any 
given  height  shall  be  at  least  three  inches  in  least  dimension 
for  each  one  foot  of  such  height.  The  depth  of  a  rear  yard 
at  its  lowest  level  shall  be  at  least  10  per  cent,  of  the  depth 
of  the  lot  but  need  not  exceed  10  feet  at  such  level.  An  outer 
court  or  a  side  yard  at  any  given  height  shall  be  at  least  one 
and  one-half  inches  in  least  dimension  for  each  one  foot  of 


such  height.  An  outer  court  at  any  given  point  shall  be  at 
least  one  and  one-half  inches  in  least  dimension  for  each  one 
foot  of  length.  On  a  lot  not  more  than  30  feet  in  mean 
width  an  outer  court  or  a  side  yard  at  any  given  height  shall 
be  not  less  than  one  inch  in  least  dimension  for  each  one  foot 
of  such  height,  and  an  inner  court  at  any  given  height  shall 
be  either  (1)  not  less  than  two  inches  in  least  dimension  for 
each  one  foot  of  such  height  or  (2)  it  shall  be  of  an  equiv- 
alent area  as  hereinafter  specified  in  paragraph  c  of  section  17. 

Note. — In  a  G  district  the  prescribed  minimum  sizes  of  yards  and 
courts  remain  about  the  same  as  under  the  Tenement  House  Law  up  to 
and  including  five  stories  in  height.  Above  that  height,  however,  they 
gradually  become  more  stringent  than  under  the  Tenement  House  Law. 
In  a  building  five  stories,  or  approximately  50  feet  in  height,  a  rear 
yard  under  these  provisions  would  have  to  be  14  feet  wide  at  the  top 
or  two  feet  wider  than  required  under  the  Tenement  House  Law.  An 
outer  court  would  have  to  be  seven  feet,  or  one  foot  wider  than  re- 
quired under  the  Tenement  House  Law.  An  inner  court  would  have  to 
be  14  feet  square,  or  a  little  less  than  10  by  20  feet;  while  under  the 
Tenement  House  Law  an  inner  court  on  the  lot  line  would  have  to  be 
12  by  24  feet.  However,  the  70  per  cent,  clause  in  the  Tenement  House 
Law  is  very  apt  to  require  increases  from  the  minimum  widths  and 
depths  of  courts  and  yards  greater  than  the  difference  between  this 
resolution  and  the  Tenement  House  Law.  An  outer  court  seven  feet 
wide  could  be  50  feet  long  before  it  would  have  to  be  widened  out  at 

A  special  exception  for  outer  and  inner  court  provisions  was  made  in 
lots  30  feet  or  less  in  width  on  account  of  the  extra  difficulties  of  plan- 
ning practicable  buildings  for  such  lots.  On  a  lot  30  feet  or  less  in 
width  an  outer  court  in  a  building  five  stories,  or  50  feet,  need  not  be 
more  than  four  feet  eight  inches  wide  under  this  resolution,  although 
under  the  Tenement  House  Law  it  w'ould  have  to  be  at  least  five  feet 
wide.  For  a  width  of  five  feet  it  could  be  40  feet  long,  but  if  it  were 
desired  to  make  the  outer  court  60  feet  long,  the  20  feet  of  length 
nearest  the  open  end  would  have  to  gradually  widen  out  to  feet. 
The  side  yard  of  such  building  need  not  be  over  four  feet  eight  inches 
wide  through  from  street  to  prescribed  rear  yard.  An  inner  court  in 
such  a  building  under  this  resolution  might  be  6}4  by  13  feet,  although 
under  the  Tenement  House  Law  it  would  have  to  be  at  least  8  by  1 4 
feet,  if  on  the  lot  line.  These  narrow  lots  are  virtually  put  in  the  B 
districts. 

(b)  If  the  owner  or  owners  of  any  part  of  a  C  district  set 
aside  perpetually  for  the  joint  recreational  use  of  the  resi- 
dents of  such  part  designated  by  them,  an  area  at  least  equal  to 
10  per  cent,  of  the  area  of  such  part  in  addition  to  all  yard 
and  court  requirements  for  a  B  district,  such  part  shall  be 
subject  to  the  regulations  herein  prescribed  for  a  B  district. 
Such  joint  recreational  space  shall  be  composed,  of  one  or 
more  tracts,  each  of  which  shall  be  at  least  40  feet  in  least 
dimension  and  5,000  square  feet  in  area  and  shall  be  approved 
by  the  Board  of  Appeals  as  suitable  for  the  joint  recreational 
use  of  such  residents. 

Note—  The  recreational  problem  is  so  important  in  residential  dis- 
tricts that  it  is  worth  while  to  make  a  concession  in  the  yard  and  court 
provisions  in  order  to  obtain  additional  space  for  playground  use  and, 
therefore,  this  arrangement  was  made  whereby  an  individual  developer 
or  a  group  of  property  owners  might,  by  giving  up  10  per  cent,  addi- 
tional of  their  space,  be  relieved  from  the  yard  and  court  requirements 
of  the  district  in  which  they  are  located  and  follow  the  yard  and  court 
requirements  of  the  next  less  restricted  district  instead.  With  the  pro- 
viso that  the  10  per  cent,  must  equal  at  least  5,000  square  feet,  it  is 
obvious  that  the  plottage  which  could  provide  this  space  would  have  to 
be  at  least  50,000  square  feet,  or  on  an  ordinary  200-foot  block  end  it 
would  have  to  run  back  250  feet  into  the  block.  The  10  per  cent,  given 
up  for  recreational  use  might  be  provided  in  the  center  of  the  block  in 
addition  to  the  required  yard  space,  or  it  might  be  on  an  adjoining 
lot.  Of  course,  this  10  per  cent,  would  have  to  be  in  addition  to  any 
yard  and  court  provisions  required  in  this  resolution,  and  also  in  addi- 
tion to  the  requirements  of  the  Tenement  House  Law  if  they  were  greater 
than  those  in  this  resolution. 

§  14.  D  Districts,  (a)  In  a  D  district  a  rear  yard  at 
any  given  height  shall  be  at  least  four  inches  in  least  dimen- 
sion for  each  one  foot  of  such  height.  ■  The  depth  of  a  rear 
yard  at  its  lowest  level  shall  be  at  least  10  per  cent,  of  the 


13 


depth  jf  the  lot,  but  need  n 
If  a  building  in  a  D  district 
as  designated  on  the  use  distr 


its  lowest  level, 
of  unoccupied  sp; 


of  the  front 
line  and  the 

(b)  In  a 
given  height 


poii 


shall  1 


:  foo 


of  length 
width  an  outer  co 
he  not  less  than  < 
for  each  cue  foot 


feet  at  such  level.  / 
a  residence  district/ 

'Tent.V  tliTdcP^ 
such  level.  Hovj- 
?et  of  the  depth  elf 
may  lie  substituted 
)ss  the  whole  widjh 
between  the  strett 

a  side  vard  at  any 


i  le; 


a  side  yard  at  any  given  height  shall 
id  one-half  inches  in  least  dimension 
h  height.  On  such  lot  an  outer  court 
at  any  given  point  shall  be  not  less  than  one  and  one-half 
inches  in  least  dimension  for  each  one  foot  of  length.  On 
such  lot  an  inner  court  at  any  given  height  shall  be  either 
(1)  not  less  than  three  inches  in  least  dimension  for  each  one 
foot  of  such  height  or  (2)  it  shall  be  of  an  equivalent  area  as 
specified  in  paragraph  c  of  section  17. 


or  approximately 
if  on  a  residence 


AREA  C  DISTRICTS  INTERIOR  LOTS 

leas/  /?onjo/?fe/  d/me/7s/o/7s  ofj'ards  a/?d  courts  where 
reyu/red  are  s/?owr?  be/oty 
O/?  Ms  30  fee/ or /ess  //?  ir/d//?//?e  covr/ prc?Y/s/o/?s 
for  B  d/s/r/c/s may  6e  fo//OKred 


AREA  "D"  DISTRICTS  INTERIOR  LOTS 

leas/ 1 />or/jo/?/a/ '  c//mer>s/'or?s  of^yards  a/?d  courts  trtere 
re  fv/re(/  are  s/?otrf?  6e/ow. 
Or?  /o/s  30  fee/1  or  /ess  //?  w/df/?  f/?e  court proris/or?s 
for  C  d/sfr/cfs  may  be  fo//owed 


r?es/de/?ce  D/sfr/cfe 


Figure 

(c)  In  a  D  district  no  building  located  within  a  residence 
district  as  designated  on  the  use  district  map  shall  occupy  at 
the  curb  level  more  than  60  per  cent,  of  the  area  of  the  lot, 
if  an  interior  lot,  or  80  per  cent,  if  a  corner  lot.  In  computing 
such  percentage  any  part  of  the  area  of  any  corner  lot  in 
excess  of  8,000  square  feet  shall  be  considered  an  interior  lot. 

Note. — No  building  within  a  residence  district  and  within  a  D  district 
could  occupy  more  than  60  per  cent,  of  any  interior  lot.    If  the  pro- 


open  space,  then  tl 
do.  In  a  1)  distr 
occupy  SO  per  cen 


of  t 


t  100  by  100  fee 
,r  an  average  of 


ns  less  than  8,000 
of  the  corner  plot, 


whole  plot.  If  the  actual  lot  on  the 
square  feet,  the  adjoining  lots,  if  not  the 
would  be  considered  as  strictly  interior 

(d)  If  the  owner  or  owners  of 
aside  perpetually  for  the  joint  recr 
of  such  part  designated  by  them, 
per  cent,  of  the  area  of  such  part 
court  requirements  for  a  C  distric 
to  the  regulations  herein  prescribed  for  a  C  district.  Suci 
joint  recreational  space  shall  be  composed  of  one  or  more 
tracts,  each  of  which  shall  be  at  least  40  feet  in  least  dimension 
and  5,000  square  feet  in  area  and  shall  be  approved  by  the 
Board  of  Appeals  as  suitable  for  the  joint  recreational  use  of 
such  residents. 


my  part,  of  a  D  district  set 
ational  use  of  the  residents 
in  area  at  least  equal  to  10 
in  addition  to  all  yard  and 
,  such  part  shall  be  subject 


Note. — The  note  for  section  13-b  applies  here  as  well. 

$15,  E  Districts,  (a)  In  an  E  district  a  rear  yard  at 
any  given  height  shall  be  at  least  five  inches  in  least  dimen- 
sion for  each  one  foot  of  such  height.  The  depth  of  a  rear 
yard  at  its  lowest  level  shall  be  at  least  15  per  cent,  of  the 
depth  of  the  lot,  but  need  not  exceed  15  feet  at  such  level. 
If  a  building  in  an  E  district  is  located  in  a  residence  district 
as  designated  on  the  use  district  map,  the  depth  of  a  rear  yard 
at  its  lowest  level  shall  be  at  least  25  per  cent,  of  the  depth 
of  the  lot,  but  need  not  exceed  25  feet  at  such  level.  How- 
ever, for  each  one  foot  in  excess  of  10  feet  of  the  depth  of 
such  rear  yard  at  its  lowest  level  there  may  be  substituted 
one  foot  of  depth  of  unoccupied  space  across  the  whole  width 
of  the  front  of  the  lot  at  the  curb  level  between  the  street 
line  and  the  street  wall  of  the  building.  In  an  E  district  on 
at  least  one  side  of  every  building  located  within  a  residence 
district  there  shall  be  a  side  yard  along  the  side  lot  line  for 
the  full  depth  of  the  lot  or  back  to  the  rear  yard. 

,  (b)  In  an  E  district  an  outer  court  or  side  yard  at  any  given 
height  shall  be  at  least  two  and  one-half  inches  in  least  dimen- 
sion for  each  one  foot  -of  such  height.  On  a  lot  not  more  than 
50  feet  in  mean  width  an  outer  court  or  a  side  yard  at  any 
given  height  shall  be  at  least  two  inches  in  least  dimension  for 
each  one  foot  of  such  height.    An  outer  court  at  any  given 


point  shall  1)C  at  least  two  and  one-half  inches  in  least  (limcn-  windows,  porches,  etc.    The  provision  allowing  the  occupancy  of  40  per 

sion  for  each  one  foot  of  length.  in^aM't'o^t^th  °f  'h°  i^o'''''  ""i  ^u'  spacc  f's       lntcncl^d  10  be 

Note— The  E  districts  were  intended  primarily  to  provide  detached  I„  the  case  of  a  building  not  within  a  residence  district  on  a  100-foot 
and  semi-detached  house  districts  with  light  and  air  on  all  sides  of  the  deep  lot  the  rear  yard  would  have  to  be  only  15  feet  deep,  and  no  lim 
buildings.  On  a  residence  street  a  rear  yard  for  such  a  house  for  lots  itation  is  placed  on  the  percentage  of  the  lot  which  the  building  might 
100  feet  deep  would  be  25  feet  deep  at  the  ground  story,  except  that  cover.  Th/.  court  provisions,  however,  would  remain  the  same.  It  would 
garages  and  other  outbuildings  might  occupy  40  per  cent,  of  such  rear  be  possible  to  build  an  apartment  house  in  an  E  district  provided  it  con- 
yard  area,  and  in  an  ordinary  2>/2 -story  house,  approximately  25  feet  formed  with  these  percentage  and  yard  and  court  requirements.  Where 
high,  an  outer  court  or  side  yard  would  be  at  least  5  feet  2!4  inches  a  required  depth  of  a  rear  yard  at  the  curb  level  would  be  over  10  feet 
wide.  Such  a  side  yard  would  be  required  only  on  one  side  of  a  house  and  the  building  sets  back  from  the  street  line  across  the  whole  front 
However,  if  a  lot  is  50  feet  or  less  in  width,  a  side  yard  of  this  sort  for  of  the  lot  at  the  curb  level,  the  rea 
a  2^-story  house  could  be  reduced  to  4  feet  2  inches.  The  50  per  cent.  by  one  foot  for  every  foot  of  setbacl 
allowance  on  the  ground  Story  would  allow  for  one-story  wings,  b  y  not  be  reduced  to  less  than  10  feet. 

AREA  E"  DISTRICTS 


//?  a  res/de/?ce  (//strict  e/ery  t>(//td//?y  s/?a//t?a/e  o/?e  s/de yard- 
t>u/M/?js  attacked//?  rows  are  tt?  ere/by prot?/t>/ted 


No perce/?/aye  restnef/o/? 


(c)  In  an  E  district  no  building  located  within  a  residence 
district  as  designated  on  the  use  district  map  shall  occupy  at 
the  curb  level  more  than  50  per  cent,  of  the  area  of  the  lot,  if 
an  interior  lot,  or  70  per  cent,  if  a  corner  lot,  and  above  a  level 
18  feet  above  the  curb  no  building  shall  occupy  more  than  30 
per  cent,  of  the  area  of  the  lot,  if  an  interior  lot,  or  40  per 
cent,  if  a  corner  lot.  In  computing  such  percentage  any  part 
of  the  area  of  any  corner  lot  in  excess  of  8,000  square  feet 
shall  be  considered  an  interior  lot. 

Note. — In  most  cases  an  E  district  house  would  be  on  a  lot  not  less 
than  40  by  100  feet.  On  such  a  lot  30  per  cent,  of  the  lot  area  above 
the  ground  story  would  equal  1,200  square  feet,  giving  a  house  30  by  40 
feet  in  size.  On  a  lot  50  by  100  feet  this  would  allow  1,500  square  feet, 
giving  a  house  30  by  50  feet  in  size.  The  percentages  specified  in  this 
section  are  intended  to  include  all  garages  and  other  buildings,  as  well 
as  porches,  sheds,  bay  windows,  balconies,  etc.  The  occupancy  of  40  per 
cent,  of  the  rear  yard  is  intended  to  allow  flexibility  in  placing  accessory 
buildings  without  increasing  these  percentages. 

§  16."  Rear  Yards,  (a)  Except  in  A  districts,  for  lots  or 
portions  of  lots  that  are  back  to  back  there  shall  be  rear  yards 
extending  along  the  rear  lot  lines  of  such  lots  or  portions  of 


lots  wherever  they  are  i 


than  55  feet  back  from  the  near- 
est" street  '  Such 'rear  yard  shall  be  at  least  of  the  area  and 
dimensions  herein  prescribed  for  the  area  district  in  which 
it  is  located  at  every  point  along  such  rear  lot  line.  Within 
55  feet  of  the  nearest  street  no  rear  yards  shall  be  required. 
No  rear  yard  shall  be  required  on  any  corner  lot  nor  on  the 
portion  of  any  lot  that  is  back  to  back  with  a  corner  lot. 

Note— In  this  rule  it  is  assumed  that  within 
building  can  be  lighted  directly  from  the  street, 
deep  through  from  street  to  street  under  ordinar; 
hardly  be  necessary  or  practicable  to  demand  r 
blocks  become  deeper  than  that  rear  yards  become 
sary.    On  a  lot  60  feet  deep  a  rear  yard  would  b. 


,  feet  of  a  street  a 
a  block  is  110  feet 


i  fee 


)  fee 


If  a 


t  rear  yard  would 
similar  conditions, 
lock  were  200  feet 


her  150  feet  deep,  no  r< 
xcept  that  the  building 
to  paragraph  (d)  of  t 


16 


REAR  YARDS. 

(I))  Where  a  building  is  not  within  a  residence  district  as 
designated  on  the  use  district  map,  the  lowest  level  of  a  rear 
yard  shall  not  lie  above  the  sill  level  of  the  second  story  win- 
dows, nor  in  any  case  more  than  23  feet  above  the  curb  level. 
Where  a  building  is  within  a  residence  district  the  lowest  level 
of  a  rear  yard  shall  not  be  above  the  curb  level,  except  that 
not  more  than  40  per  cent,  of  the  area  of  the  yard  may  be 
occupied  by  the  building  up  to  a  level  18  feet  above  the  curb 
level.  In  the  case  of  a  church,  whether  within  or  without  a 
residence  district,  such  40  per  cent,  may  be  occupied  up  to  a 
level  of  30  feet  above  the  curb  level. 

REAR  YARDS. 


sill  level  of  the  second  story  windows  and  in  any  case  above 
a  level  23  feet  above  the  curb  level,  a  court  of  at  least  equiv- 
alent area  at  any  given  height  to  that  'required  for  an  inner 
court  at  such  height  and  having  a  least  dimension  not  less 
than  that  required  for  art  outer  court  at  the  same  height. 

Note.— Vndei  the  Tenement  House  Law  a  building  over  70  feet  deep, 
which  runs  through  the  block,  or  from  street  to  street,  not  on  a  corner, 
has  to  be  built  around  a  rear  yard,  and  thus  the  building  is  divided  into 
two  entirely  separate  units.  In  many  non  residential  buildings  this  is 
impracticable,  and  therefore  it  is  suggested  that  if  a  building  runs 
through  the  block  from  street  to  street  it  should  contribute  to  the  com 
mon  light  and  air  of  the  common  rear  yard  spaces  in  the  center  of  the 
block,  by  giving  up  on  each  side  an  unoccupied  space  above  the  ground 
story  equal,  at  least,  to  an  inner  court  in  area,  but  differing  from  an 
inner  court  in  that  the  least  dimension  need  be  no  greater  than  that  re- 
quired for  an  outer  court.    If,  however,  this  court  is  necessary  for  light 


LOTS  RUNNING  THROUGH  FROM  STREET  TO  STREET 


of  a  church,  which  would  alb 
yard  up  to 

(c)  a 

provided  they  do  not  exceed 
aggregate  and  do  not  obstruct 

tant  thai 
,  where 
eed  five 

(d)  Except  in  A  districts,  where  a  building  on  an  interior 
lot,  between  lots  for  which  rear  yards  are  required,  runs 
through  the  block  from  street  to  street  or  to  within  55  feet  of 
another  street,  there  shall  lie  on  each  side  lot  line  above  the 


e  erected  within  a  rear  yard 
e  square  feet  in  area  in  the 
•ntilation. 

ues  and  stacks  be  located  in  rear 
•y  will  do  the  least  harm.    In  no 


Figure  10 

(e)  When  a  proposed  building  is  on  a  lot  which  is  back  to 
back  with  a  lot  or  lots  on  which  there  is  a  building  or  build- 
ings having  rear  yards  less  in  depth  than  would  be  required 
under  this  article,  the  depth  of  the  rear  yard  of  the  proposed 
building  shall  not  be  required  to  be  greater  at  any,  given  level 
than  the  average  depth  of  the  rear  yards  directly  back  to  back 
with  it  at  such  level,  but  in  no  ease  shall  the  depth  of  such 
rear  yard  be  less  at  any  height  than  the  least  dimension  pre- 
scribed for  an  outer  court  a-t  such  height. 

1 2  stories  or  more  in  height,  with  rear  yards  considerably  less  in  depth 
than  would  be  required  under  this  resolution.  In  fairness  to  a  person 
who  would  erect  a  new  building  back  to  back  with  such  buildings,  this 
section  would  permit  him  to  make  his  'rear  yard  about  the  same  as  the 
average  of  his  back  to  back  neighbors' •  yards.  In  determining  such  an 
average  of  back  to  back  yards,  a  rear  yard  as  large  or  greater  than  that 
required  under  this  resolution  would  be  reckoned  as  though  it  wer£  of 
the  size  here  required.  Above  the  top  of  an  e  xisting  building  its  rear 
yard  would  be  reckoned  as  though  it  were  of  the  required  size.  In  a 
building  150  feet  high  in  a  B  district,  the  minimum  size  of  such  a  rear 
yard  at  the  top  must  be  in  any  case  at  least  12  feet  6  inches  in  least 
dimension  at  the  top,  which  is  the  minimum  width  of  an  outer  court  at 

§  17.  Courts,  (a)  If  a  room  in  which  persons  live,  sleep, 
work  or  congregate  receives  its  light  and  air  in  whole  or  in 
part  directly  from  an  open  space  on  the  same  lot  with  the 
building,  there  shall  be  at  least  one  inner  court,  outer  court, 
side  yard  or  rear  yard  upon  which  a  window  or  ventilating 
skylight  opens  from  such  room.  Such  inner  court,  outer  court 
or  side  yard  shall  be  at  least  of  the  area  and  dimensions  herein 
prescribed  for  the  area  district  in  which  it  is  located.  Such 
rear  yard  shall  be  at  least  of  the  area  and  dimensions  herein 
prescribed  for  an  inner  court  in  the  area  district  in  which  it 


17 


level  to  the  sky  unobstructed,  except  for  the  ordinary  projec- 
tions of  skylights  and  parapets  above  the  bottom  of  such 
court  or  yard,  and  except  for  the  ordinary  projections  of 
window  sills,  belt  courses,  cornices  and  other  ornamental  fea- 
tures to  the  extent  of  not  more  than  four  inches.  However, 
where  a  side  yard  or  an  outer  court  opens  on  a  street  a  cornice 
may  project  not  over  five  feet  into  such  side  yard  or  outer 
court  within  five  feet  of  the  street  wall  of  the  building. 


i  the  opposite 

beyond  the  walls 


(b)  rhe  least  dimension  of  an  outer  court,  inner  court  or  of  yards  and  courts  wouU1  follow  the  Buiiding  ( 
de  yard  at  its  lowest  level  shall  be  not  less  than  four  feet,  tion  within  five  feet  back  from  a  street  wall  is  made  so  as  to  allow  cor- 
tcept  that  where  the  walls  bounding  a  side  yard  within  the  lot  ™"s  or  eaves  to  retain  their  full  width  for  architectural  fitness. 

•e  not  more  than  25  feet  in  mean  height  and  not  more  than        (b)  An  open  or  lattice  enclosed  iron  fire  escape,  fireproof 

)  feet  in  length,  such  least  dimension,  except  in  an  E  district,  outside  stairway  or  solid-floored  balcony  to  a  fire  tower  may 

ay  be  not  less  than  three  feet.  Where  any  outer  court  opens  project  not  more  than  four  feet  into  a  rear  yard  or  an  inner 

i  a  street  such  street  may  be  considered  as  part  of  such  court,  except  that  an  open  or  lattice  enclosed  iron  fire  escape 

>urt.  may  project  not  more  than  eight  feet  into  a  rear  yard  or  into 

.V(./,.._The  least  dimension  of  no  conn  or  yard  should  be  less  than  an  inner  court  when  it  does  not  occupy  more  than  20  per  cent. 

ur  feet  at  any  level;  but  two  story  buildings  not  over  25  feet  high  0f  the  area  of  such  inner  court. 

...  .  Note. — The   provisions  with  regard  to  fire-escapes,  fireproof  outside 

ng,  wi      u    w  g         on  .1     , on,  mi        n  uu  1. 1  cour   opening  stairways,  and  solid-floored  balconies  to  fire  towers  follow  in  general  the 

i  a  street  mig      inclu  e  part  ot  tne  street  wit  in  its  require      imen-  rui;ngS  0f  ,hc  Tenement  House  Department.    As  it  is  not  desirable  that 

3nS-  fire-escapes,  etc.,  should  project  four  feet  into  an  outer  court,  no  allow- 

(c)  The  least  dimension  (if  an  inner  Court  at  any  given  ance  for  the  same  is  made.  In  a  rear  yard,  however,  the  requirements 
51ght  shall  be  not  less  than  that  which  would  be  required  in  of  other  laws  as  to  lattice  enclosed  fire-escapes  demand  a  projection  of 
ches  for  each  one  foot  of  height  for  a  rear  yard  of  the  same  at  lcast  7  feet  8  inchcs'   Therefore  8  *«*«  6  inches  wa«  allowed.  H 


□t  that  such  side  yard  is  less  than  65  feet  in  depth 
reet,  one  square  foot  may  be  deducted  from  the 
>a  of  the  inner  court  for  each  15  feet  of  height  of 
|f  the  lot  is  not  required  under  this  resolution 


area  may  be  correSp0nding.y  wider  than  otherwise  necessary, 
area  its  least         ^    ^  corner  of  a  court  or  yard  may  bi 
st  dimension.  q{  the  game  ,)ui]ding  provided  that  the 

side  yard  for  of  such  cu,.off  doeg  nQt  excced  sevcn  £eet 


.hould  be 


all  open  at 
he  lot  and  s 
such  ease. 


ts  in  yards  or  courts  is  intended  to  be 
Tenement  House  Law.  Offsets  could 
but  not  deeper.  It  is  not  intended, 
used  to  increase  the  length  of  outer 

1  on  the  same  lot  with  another 
shall,  for  the  purposes  of  this 
,ingle  building.  Any  structure, 
ttached  to  a  building,  shall  for 
deemed  a  building  or  a  part  of 

rd  to  one  another  shall  be  considered 
le  to  .an  existing  plan,  even  though 


18 


is  highly  desirable  that  the  whole  plot  should  be  considered  as  a  unit 


(f  )  If  an  additional  story  or  stories  are  added  to  a  building 
existing  at  the  time  of  the  passage  of  this  resolution,  the  courts 
and  yards  of  which  do  not  conform  to  the  requirements  of 
this  article,  the  least  dimensions  of  yards  and  courts  shall  be 
increased  from  the  top  of  the  existing  yard  or  court  walls,  as 
though  they  were  of  the  prescribed  dimensions  at  such  heights 
and  the  carrying  up  of  existing  elevator  and  stair  enclosures 
shall  be  exempted  from  the  provisions  of  this  article. 

Note— If,  in  a  B  district,  an  existing  building  150  feet  high  had  a 
rear  yard  only  15  feet  wide,  instead  of  25  feet,  as  herein  required,  the 
first  additional  12-foot  story  would  not  have  to  set  back  27  feet  from 
the  rear  line,  but  only  17  feet,  and  in  the  case  of  a  stair  or  elevator, 
the  rear  wall  could  go  up  straight  on  the  existing  rear  wall. 

Article  V. — General  and  Administrative 
§  19.  Interpretation;  Purpose.  In  interpreting  and  ap- 
pl\ ing  the  provisions  of  this  resolution,  they  shall  be  held  to 
be  the  minimum  requirements  adopted  for  the  promotion  of 
the  public  health,  safety,  comfort,  convenience  and  general 
welfare.  It  is  not  intended  by  this  resolution  to  repeal,  abro- 
gate, annul  or  in.  any  way  to  impair  or  interfere  with  any  ex- 
isting provision  of  law  or  ordinance  or  any  rules,  regulations 
or  permits  previously  adopted  or  issued  or  which  shall  1>c 
adopted  or  issued  pursuant  t< >  law  relating  to  the  use  of  build- 
ings or  premises ;  nor  is  it  intended  by  this  resolution  to  inter- 
fere with  or  abrogate  or  annul  any  easements,  covenants  or 
other  agreements  between  parties ;  provided,  however,  that 
where  this  resolution  imposes  greater  restrictions  upon  the  use 
of  buildings  or  premises  or  upon  height  of  buildings  or  re- 
quires larger  yards,  courts  or  other  open  spaces  than  are  im- 
posed or  required  by  such  existing  provision  of  law  or 
ordinance  or  by  such  rules,  regulations  or  permits  or  by  such 
easements,  covenants  or  agreements,  the  provisions  of  this 
resolution  shall  control. 

§  20.  Rules  and  Regulations;  Modifications  of  Pro- 
visions. The  Board  of  Standards  and  Appeals,  created  by 
chapter  503  of  the  laws  of  1916,  shall  adopt  from  time  to 
time  such  rules  and  regulations  as  they  mayv  deem  necessary 
to  carry  into  effect  the  provisions  of  this  resolution.  Where 
there  are  practical  difficulties  or  unnecessary  hardships  in  the 
way  of  carrying  out  the  strict  letter  of  the  provisions  of  this 
resolution  the  Board  of  Appeals  shall  have  power  in  a  specific 
case  to  vary  any  such  provision  in  harmony  with  its  general 
purpose  and  intent,  so  that  the  public  health,  safety  and  gen- 
eral welfare  may  be  secured  and  substantial  justice  done. 
Where  the  street  layout  actually  on  the  ground  varies  from  the 
street  layout  as  shown  on  the  use,  height  or  area  district  map, 
the  designation  shown  on  the  mapped  street  shall  be  applied 
by  the  Board  of  Appeals  to  the  unmapped  streets  in  such  a 
way  as  to  carry  out  the  intent  and  purpose  of  the  plan  for 
the  particular  section  in  question.  Before  taking  any  action 
ithorized-  in  this  section  the  Board  of  Appeals  shall  give 
ublic  notice  and  hearing. 


No  garage  for  more  than  fiv 

rected  or 

xtended  and  no  building  not  i 

irage  for 

more  than  five  cars  may  have  it 

s  use  changed  to 

a  garage 

for  more  than  five  cars  on  an 

-  portion  of  a  s 

treet  be- 

tween   two   intersecting  streets 

in    which  porti 

on  there 

exists  an  exit  from  or  an  entran 

e  to  a  public  sch< 

s  a  char- 

itable  institution  ;  and  in  no  case  \ 

within  a  distance  d 

f  200  feet 

from  the  nearest  exit  from  or  e 

ntrancc  to  a  pubii 

nor  within  two  hundred  feet  of  any  hospital  maintained  as  a 
charitable  institution.  This  protection  shall  also  apply  to 
duly  organized  schools  for  children  under  16  years  of  age, 
giving  regular  instruction  at  least  five  days  a  week  for 
eight  months  or  more  each  year,  owned  and  operated  by 
any  established  religious  body  or  educational  corporation. 
This  limitation  on  the  location  of  garages  shall  apply  to 
unrestricted  as  well  as  business  and  residence  districts; 
but  in  no  case  shall  it  apply  to  cases  where  applications 
for  the  erection  or  extension  of  garages  or-  the  conver- 
sion of  existing  buildings  into  garages  may  be  pending 
before  the  Board  of  Appeals  at  the  time  of  the  adoption 
of  this  resolution.  [This  paragraph  added  June  6,  1919, 
and  amended  June  20,  1919.] 

so  as  to  fit  exactly  every  specific  case  that  may  arise.  The  Board  of 
Appeals  would  interpret  and  apply  the  law  in  such  cases,  but  only  after 
due  public  notice  and  hearing.  There  are  many  cases  in  the  five  ho\- 
oughs  where  the  mapped  streets  do  not  follow  those  on  the  ground.  The 
districting  plans  necessarily  had  to  be  shown  on  an  official  map.  Event 
ually  the  streets  on  the  ground  would  be  changed  to  conform  with  the 
map  or  vice  versa.  In  the  meantime  the  Board  of  Appeals  would  inter- 
pret the  maps  so  as  to  apply  their  intent  to  the  streets  on  the  ground. 
It  seems  desirable  for  the  future,  whenever  the  Board  of  Estimate 
is  considering  a  topographical  map  change  that  will  affect  the  districting 
maps,  that  it  hold  a  hearing  on  both  changes  at  the  same  time. 

§  21.  Unlawful  Use;  Certificate  of  Occupancy.  It  shall 
be  unlawful  to  use  or  permit  the  use  of  any  building  or  prem- 
ises or  part  thereof,  hereafter  created,  erected,  changed  or 

tificate  of  occupancy,  to  the  effect  that  the  building  or  premises 
or  the  part  thereof  so  created,  erected,  changed  or  converted, 

this  resolution,  shall  have  been  issued  by  the  superintendent 
of  buildings  of  the  borough  in  which  such  building  or  prem- 
ises is  located  ;  or,  in  the  case  of  a  tenement  house  as  defined 
in  the  Tenement  House  Law,  by  the  tenement  house  commis- 
sioner. In  the  case  of  such  buildings  or  premises  it  shall  be 
the  duty  of  the  superintendent  of  buildings  or  the  tenement 
house  commissioner,  as  the  case  may  be,  to  issue  a  certificate 
of  occupancy  within  ten  days  after  a  request  for  the  same 
shall  be  filed  in  his  office  by  any  owner  of  a  building  or  prem- 
ises affected  by  this  resolution,  provided  said  building  or  prem-# 
ises,  or  the  part  thereof  so  created,  erected,  changed  or  con- 
verted, and  the  proposed  use  thereof,  conform  with  all  the 
requirements  herein  set  forth.  Under  rules  and  regulations  of 
the  Board  of  Standards  and  Appeals  a  temporary  certificate 
of  occupancy  for  a  part  of  a  building  may  be  issued  by  the 
superintendent  of  buildings  or  the  tenement  house  commis- 
sioner as  the  case  may  be.  Upon  written  request  from  the 
owner,  the  superintendent  of  buildings  or  the  tenement  house 
commissioner,  as  the  case  may  be,  shall  issue  a  certificate  of 
occupancy  for  any  building  or  premises  existing  at  the  time 
of  the  passage  of  this  resolution  certifying  after  inspection 
the  use  of  the  building  or  premises  and  whether  such  use  con- 
forms to  the  provisio  is  of  this  resolution. 

Wofc— This  certificate  of  occupancy  is  in  line  with  that  required  under 
the  Building  Code,  but  for  the  purposes  of  this  resolution,  in  particular 

that  the  certificate  be  based  on  the  use  definitions  and  classification  of 
this  resolution.  It  is  'provided  also  that  a  certificate  of  occupancy  can 
he  issued  for  part  of  a  building,  but  such  certificate  could  only  be  tern 
porary.  It  is  also  provided  that  anyone  can  secure  at  any  time  a  cer- 
tificate of  occupancy  for  an  existing  building. 

§  22.    Enforcement,  Legal  Procedure,  Penalties.  This 

sioner,  the  fire  commissioner  and  by  the  superintendent  of 
buildings  in  each  bonjugh  under  the  rules  and  regulations  of 


19 


v7 


the  Board  of  Standards  and  Appeals.  The  tenement  house 
commissioner  shall  enforce  the  provisions  herein  contained 
in  so  far  as  they  affect  or  relate  to  tenement  houses  as  defined 
by  the  Tenement  House  Law.  The  superintendent  of  build- 
ings shall  in  each  borough  enforce  the  provisions  herein  con- 
tained in  so  far  as  they  relate  to  buildings  or  premises  other 
than  tenement  houses.  The  fire  commissioner  shall  enforce 
the  provisions  herein  contained  in  so  far  as  they  relate  to  the 
use  of  completed  buildings  or  premises,  or  part  thereof,  other 
than  tenement  houses.  For  any  and  every  violation  of  the  pro- 
visions of  this  resolution  or  of  the  rules  and  regulations 
adopted  thereunder,  the  owner,  general  agent  or  contractor  of 
a  budding  or  premises  where  such  violation  has  been  com- 
mitted or  shall  exist,  and  the  owner,  general  agent,  contractor, 
lessee  or  tenant  of  any  part  of  a  building  or  premises  in  which 
part  such  violation  has  been  committed  or  shall  exist,  and  the 
general  agent,  architect,  builder,  contractor  or  any  other  per- 
son who  commits,  takes  part  or  assists  in  such  violation  or 
who  maintains  any  building  or  premises  in  which  any  such 
violation  shall  exist,  shall  be  liable  to  the  same  legal  procedure 
and  the  same  penalties  as  are  prescribed  in  any  law,  statute  or 
ordinance  for  violations  of  the  Building  Code,  and  for  such 
violations  the  same  legal  remedies  shall  be  had  and  they 
shall  be  presented  in  the  same  manner  as  prescribed  in  any 
law  or  ordinance  in  the  case  of  violations  of  said  Building 
Code. 

Note. — The  building  superintendents,  the  fire  commissioner  and  the 
tenement  house  commissioner,  each  would  enforce  that  which  is  as- 
signed to  his  jurisdiction  under  the  law.  The  fire  commissioner,  under 
his  "housekeeping"  functions,  would  enforce  the  "use"  provisions  after 
the  completion  of  the  building.  The  tenement  house  commissioner  would 
enforce  everything  that  had  to  do  with  tenement  houses.  An  amend- 
ment to  the  Tenement  House  Law,  which  went  into  effect  in  April,  1916, 
reads  as  follows:  "Wherever  the  provisions  of  any  local  ordinance  or 
regulation  impose  requirements  for  lower  height  of  building  or  a  less 
percentage  of  lot  that  may  be  occupied,  or  require  wider  or  larger  courts 
or  deeper  yards,  the  provisions  of  such  local  ordinance  or  regulation 
shall  govern.  Where,  however,  the  provisions  of  this  chapter  impose 
requirements  for  lower  height  of  building  or  a  less  percentage  of  the  lot 
that  may  be  occupied  or  require  wider  or  larger  courts  or  deeper  yards, 
than  are  required  by  such  local  ordinance  or  regulation,  the  provisions 
of  this  chapter  shall  govern."  All  other  matters,  including  the  with- 
holding of  building  permits  or  certificates  of  occupancy,  would  be  under 
the  building  superintendents,  subject  to  the  control  of  the  Board  of 
Standards  and  Appeals  and  the  Board  of  Appeals. 

§  23.  Amendments,  Alterations  and  Changes  in  District 
Lines.  The  Board  of  Estimate  and  Apportionment  may 
from  time  to  time  on  its  own  motion  or  on  petition,  after  pub- 
lic notice  and  hearing,  amend,  supplement  or  change  the  regu- 
lations and  districts  herein  established.  Whenever  the  owners 
of  50  per  cent,  or  more  of  the  frontage  in  any  district  or  part 
thereof  shall  present  a  petition  duly  signed  and  acknowledged 
to  the  B.  ard  of  Estimate  and  Apportionment  requesting  an 
amendment,  supplement,  change  or  repeal  of  the  regulations 
prescribed  for  such  district  or  part  thereof,  it  shall  be  the  duty 
of  the  Board  to  vote  upon  said  petition  within  90  days  after 
the  filing  of  the  same  by  the  petitioners  with  the  secretary  of 
the  Board.  If,  however,  a  protest  against  such  amendment, 
supplement  or  change  be  presented,  duly  signed  and  acknowl- 
edged by  the  owners  of  20  per  cent,  or  more  of  any  frontage 
proposed  to  be  altered,  or  by  the  owners  of  20  per  cent,  of 
the  frontage  immediately  in  the  rear  thereof,  or  by  the  owners 
of  20  per  cent,  of  the  frontage  directly  opposite  the  frontage 
proposed  to  be  altered,  such  amendment  shall  not  be  passed 
except  by  the  unanimous  vote  of  the  Board.  If  any  area  is 
hereafter  transferred  to  another  district  by  a  change  in  dis- 
trict boundaries  by  an  amendment,  as  above  provided,  the 
provisions  of  this  resolution  in  regard  to  buildings  or  prem- 
ises existing  at  the  time  of  the  passage  of  this  resolution  shall 


apply  to  buildings  or  premises  existing  at  the  time  of  passage 

what  to  count  on,  and  thus  will  be  as  badly  off  as  with  no  districting; 
therefore  it  is  provided  that  if  one-fifth  of  the  owners  affected  object  to 
a  change,  the  Board  of  Estimate  can  make  the  change  only  by  unani- 

§  24.    Completion  and  Restoration  of  Existing  Buildings. 

(a)  Nothing  herein  contained  shall  require  any  change  in  the 
plans,  construction  or  designated  use  of  a  building  for  which 
a  building  permit  has  been  heretofore  issued,  or  plans  for 
which  are  on  file  with  the  building  superintendent  or  with  the 
tenement  house  department  at  the  time  of  the  passage  of  this 
resolution,  and  a  permit  for  the  erection  of  which  is  issued 
within  th-ce  months  of  the  passage  of  this  resolution  and  the 
construction  of  which,  in  either  case,  shall  have  been  diligently 
prosecuted  within  a  year  of  the  date  of  such  permit,  and  the 
ground  story  framework  of  which,  including  the  second  tier 
of  beams,  shall  have  been  completed  within  such  year,  and 
which  entire  building  shall  be  completed  according  to  such 
plans  as  filed  within  five  years  from  the  date  of  the  passage 
of  this  resolution.  Provided,  however,  that  any  plan,  other 
than  a  plan  for  a  garage  for  more  than  five  motor  vehicles, 
filed  with  the  building  superintendent  or  with  the  tenement 
house  department  on  July  26,  or  July  27,  1916,  and  a  permit 
for  the  erection  of  which  is  issued  prior  to  December  25, 
1916,  shall  be  deemed  to  have  been  filed  at  the  time  of  the 
passage  of  this  resolution.  Provided,  also,  that  the  Board  of 
Appeals  may,  after  public  notice  and  hearing,  extend  for  not 
to  exceed  one  year,  or,  in  cases  where  one  such  extension 
may  have  been  granted,  may  further  extend  for  one  year  the 
time  within  which  such  ground-story  framework,  including 
the  second  tier  of  beams,  shall  be  completed  in  any  case, 
where,  in  the  judgment  of  said  Board,  actual  construction 
or  fabrication  was  begun  early  enough  to  allow  under  the 
then  existing  conditions  adequate  time  for  completion  as 
above  specified,  and  where  such  construction  or  fabrication 
was  diligently  prosecuted  and  where  such  completion  has 
been  prevented  by  conditions  impossible  to  foresee  and  be- 
yond the  control  of  the  owner  and  builder. 

(b)  Nothing  in  this  resolution  shall  prevent  t'ne  restoration 
of  a  building  wholly  or  partly  destroyed  by  fire,  explosion, 
act  of  God,  or  act  of  the  public  enemy  or  prevent  the  continu- 
ance of  the  use  of  such  building  or  part  thereof  as  such  use  ex- 
isted at  the  time  of  such  destruction  of  such  building  or  part 
thereof  or  prevent  a  change  of  such  existing  use  under  the 
limitations  provided  in  section  6.  Nothing  in  this  resolution 
shall  prevent  the  restoration  of  a  wall  declared  unsafe  by  the 
superintendent  of  buildings  or  by  a  board  of  survey. 

Note. — This  resolution  would  not  affect  any  building  the  plans  for 
which  have  been  filed  at  the  time  of  passage  of  this  resolution.  How- 

of  this  resolution,  except  where  it  was  destroyed  by  fire  or  act  of 
God,  and  except  where  allowed  unde  r  section  6.  Once  a  required  yard 
or  court  space  for  a  given  building  has  been  determined,  such  space 
cannot  be  sold,  but  must  remain  inalienably  dedicated  to  the  exclusive 
use  of  the  building  it  was  set  apart  for.  Where  within  a  year  after  the 
passage  of  this  resolution  and  the  issuing  of  a  permit,  a  building  has 
been  completely  framed  up  as  far  as  the  second  story  at  least,  and  plans 
had  been  filed  previous  to  the  passing  of  this  resolution  for  a  building 

would  be  allowed  for  its  final  completion;  but  after  five  years  nothing 
further  on   the   plans  could  be  built   except   in   accordance   with  this 

§  25.  When  Effective.  This  resolution  shall  take  effect 
immediately. 


20 


MAP  DESIGNATIONS  AND  MAP  DESIGNATIONS  RULES 


USE  DISTRICT  MAP  DESIGNATION  RULES 

(a)  The  use  district  designated  within  a  street  shall  in- 
clude the  areas  adjoining  the  portion  of  the  street  so  desig- 
nated on  each  side  of  such  street,  between  such  street  and  lines 
parallel  to  and  100  feet  distant  measured  at  right  angles  from 
each  side  of  such  street  and  limited  at  either  end  by  lines  at 
right  angles  to  such  street  at  the  termination  of  such  designa- 
tion ;  exc.  pt  that  where  there  is  a  cross  street  on  either  side 
at  such  termination,  such  limiting  line  shall  follow  the  center 
line  of  such  cross  street. 


<?   

shall  include  the  area  adjoining  the  intersection  of  the  un- 
crosse'd  side  of  the  latter  street  hounded  by  such  side  of  such 
latter  street  and  a  line  parallel  thereto  and  100  feet  distant 
therefrom,  measured  at  right  angles  thereto  and  by  lines  at 
right  angles  to  the  crossed  side  of  such  latter  street  at  the 
corner  farthest  from  the  intersection  of  the  areas  at  the  street 
front  on  the  crossed  side  which  are  governed  by  the  above 
rule.  Rule  (e)  shall  control  regardless  of  any  designation 
within  any  of  the  intersecting  streets ;  except  that  a  designa- 
tion on  the  side  of  a  street  shall  control  as  provided  in 
rule  (b). 


(c)  The  use 
lines,  shore  lin 
borough,  Unite* 
shall  include  th 
and  adj 


istrict  designated 
,  boundary  lines 


the 


;  side  of  bulkhead 
lines  of  a  state,  city,  county, 
vation,  public  park  or  cemetery, 
side  of  such  lines  so  designated 
ignated  between  such 


lines  and  lines  parallel  thereto  and  100  feet  distant  therefrom, 
measured  at  right  angles  thereto,  and  limited  at  either  end  by 
lines  at  right  angles  to  such  lines  so  designated  at  the  term- 
ination of  such  designation ;  except  that  where  there  is  a 
cross  street  at  such  termination  the  limiting  line  shall  follow 
the  center  line  of  such  street. 


(d)  The  use 
shall  include  tl 
such  railroad  ; 
such  side  of  su 
100  feet  distant 
and  limited  at  < 
of  such  right  o 
except  that  wh 
the  limiting  lini 

(e)  Where  a 


district  designated  o 
:  area  on  such  side 


i  the 


the  side  of  a  railroad 
jf  the  right  of  way  of 


such  street. 


(f)  Whe 
part  of  a  si 


use  district  designation  is  shown  in  one 
:rsection  and  another  designation  is  shown 
in  another  part,  each  designation  in  the  intersection  shall 
govern  as  provided  in  rule  (e),  but  only  within  those  blocks 
actually  touched  by  such  designation  in  the  intersection. 


jse  district  designation  is  shown  within 
i  or  more  streets  the  district  so  desig- 
area  between  the  sides  of  such  inter- 
s  parallel  to  and  100  feet  distant  from 
ly  two  intersecting  streets,  measured  at 
When,  howover,  none  of  the  intersect- 


e evidence 


$T£EET 


21 


(g)  Where  two  streets  cross  each  other  at  different  levels 

different,  the  designation  in  the  lower  street  shall  govern  the 
ii^e  of  the  adjoining  areas  according  to  rule  (a),  but  if  Mich 
use  is  less  restrictive  than  that  designated , within  the  street 
at  the  upper  level,  the  designation  in  the  latter  shall  govern 
exclusively  above  the  curb  level  of  the  upper  street,  as  pro- 


(h)  A  single  use-  district  designation  completely  surround- 
ng  an  area  shall  govern  the  use  of  such  area,  except  where 
uch  area  or  a  part  thereof  is  otherwise  specifically  indicated. 

(i)  An  island  not  otherwise  designated  is  an  undetermined 


(j  )  The  use  of  any  part  of  an  area  hounded  by  two  or  more 
district  designations,  or  any  area  or  part  thereof  not  governed 
by  express  provision  of  these  rules,  shall  be  governed  by  the 
district  designation  nearest  thereto,  except  where  otherwise 
specifically  indicated. 


mined  area.    A  blan 

designation  only  wl 
listrict  designation  si 
■tion,  and  only  whei 


HEIGHT  DISTRICT  MAP  DESIGNATION  RULES 

(a)  An  area  surrounded  by  a  district  boundary  line  shall  be 
in  the  he;ght  district  designated  therein,  except  as  otherwise 


^res/nc/ee/J 
Residence 


=7F 


(k)  Where  under  the  preceding  rules  a  use  district  of  one 
class  would  overlap  a  use  district  of  another  class,  the  area 
that  would  be  common  to  both  districts  under  the  above  rules 
shall  be  included  in  the  district  having  the  less  restrictive 
regulations,  but  the  area  so  included  shall  not  extend  across 
a  street  within  which  a  more  restrictive  district  designation 
is  shown. 


On  /ne  s/fe  of<?  street 


(b)  Where  a  district  boundary  line  between  any  two  height 
districts  is  shown  within  a  street  or  streets,  the  district  per- 
mitting the  greater  height  shall  extend  across  such  street  or 
streets  so  as  to  include  the  area  between  the  further  side  of 
-uch  street  or  streets  and  lines  parallel  thereton  and  100  feet 
distant  therefrom,  measured  at  right  angles  thereto.  But  such 
extended  area  of  such  district  shall  be  limited  where  such 
boundary  line  passes  from  within  a  street  to  outside  a  street 
by  the  center  line  of  the  cross  street  when  such  charge  takes 
place  in  a  cross  street,  otherwise  by  a  line  at  right  angles  to 
the  side  of  such  street  with  boundary  line  therein  at  point  of 
change. 


/4  times  d/s/r/cf 

ffjermM'!?  //>e greater  ne/yn/) 


///mes  ci/sti/c/ 


Tom  the 
)Oundary 
be  100  ft 


22 


distric/ 


the  side  of  such.street  with  boundary  line  therein  at  point  of 
change.    (Figure  similar  to  that  for  height  rule  (b)  ). 

(c)  Where  a  district  boundary  line  between  any  two  area 
districts  is  shown  on  the  side  of  a  street,  such  side  of  such 
street  shall  be  deemed  the  boundary  line  separating  the  two 
districts. 


■ndary  I 

I  times 
'Jlf^e,  district 

( I  times  e/is/r/c/  tx/ends 
fo  /oof/  /row  s/t/e  ///?es 
of  s/rce/s) 

(d)  Where  a  district  boundary  line  between  any  two  height 
districts  is  shown  along  a  railroad  such  boundary  line  shall  be 


(e)  Any  island  not  otherwise  designated  within  the  limits 
of  the  C'ty  of  New  York  shall  be  deemed  to  be  in  a  V/>  times 
height  district. 


(f)  Where  under  the- 
me class  would  overlap 


ig  rules  a  height  district  of 
district  of  another  class,  the 
»th  districts  under  the  above 
rules  shall  be  included  in  the  district  permitting  the  greater 
height. 


/ times  d/sfr/cf 


|  2 times ^X8'/dS\ 


\  /ff/rnes  e//s/ricf 


£  times  c//sfr/cf 


Hci 


AREA  DISTRICT  MAP  DESIGNATION  RULES 

Note:    Area  district  boundary  lini 
same  way  as  those  for  height. 

(a)  An  area  surrounded  by  a  district  boundary  line  sh; 
be  in  the  area  district  designated  therein,  except  as  otherwi 
provided  by  these  rules. 

(b)  Where  a  district  boundary  line  between  any  two  ar 
districts  is  shown  within  a  street  or  streets,  the  district  havi 
the  less  restrictive  regulations  shall  extend  across  such  strc 
or  streets  so  as  to  include  the  area  between  the  further  si 
of  such  street  or  streets  and  lines  parallel  thereto  and  100  f< 
distant  therefrom  measured  at  right  angles  thereto.  But  su 
extended  area  of  such  district  shall  be  limited  where  su 
boundary  line  passes  from  within  a  street  to  outside  a  str< 
by  the  center  line  of  the  cross  street  when  such  change  talo 
place  in  a  cros 


(f)  Where  a  district  boundan 


line  between  any  two  area 
JO  feet  from  the  side  of  a 
;reto,  such  boundary  line 
be  deemed  to  be  100  feet 
r>m  such  side  of  such  streeJ 

if  a  railroad,  such  side  of 
shall  be  deemed  to  be  the 

line  between  any  two  area 


B  d/s/r/cf 


nts,  the  area  designations  on  either 
the  district  boundary  as  thus  located. 


O  district 

/Cdislnct  x 


the 


D  d/s/r/cf 


C  district 

Area,  rule  V 


(g)  Any  island  and  any  area  on  which  buildings  may  be 
.instructed  in  navigable  waters  outside  shore  or  bulkhead  lines 
/ithin  the  limits  of  the  City  of  New. York  which  is  not  other- 


deen 


Any 


otherwise  by 


other  undesignated  area  shall  be  deemed  to  be  in  the  district 
nearest  thereto. 

(h)  Where  under  the  preceding  rules  an  area  district  of  one 
class  would  overlap  an  area  district  of  another  class,  the  area 
that  would  be  common  to  both  districts  under  the  above  rules 
shall  be  included  in  the  district  having  the  less  restrictive 
regulations. 


RULES  OF  PROCEDURE 


ADOPTED  BY  THE  BOARD  OF  STANDARDS  AND  APPEALS  JUNE  13,  1918;  AS  AMENDED  AUGUST 
13,  1918,  AND  JANUARY  14,  1919. 


Article  I — Meetings 


:  Appeals  shall  be  held  on 
[Amended  May  13,  1919.] 


tin 


appointed  members,  provide 
been  mailed  to  each  member 
the  time  set,  except  that  the 
ing  at  any  meeting  at  whic 
sufficient  notice  of  such  mee 


All  i 


gs  shall  1 


4.  A  quorum  of  the  Board  of  Standards  and  Appeals  shall 
consist  of  eight  members,  of  whom  at  least  three  must  be 
appointed  members,  and  the  quorum  of  the  Board  of  Appeals 
shall  consist  of  five  members. 

5.  The  members  of  the  board  shall  attend  the  meetings  in 
person,  except  that  during  absence  or  disability,  an  ex-officio 
member  may  be  represented  by  a  subordinate  official  author- 
ized by  law  to  act  fur  him  in  such  cases  as  follows: 

The  Fi:c  Commissioner  by  the  Deputy  Commissioner  desig- 
nated by  him  in  accordance  with  Section  720  of  the  Charter; 

The  Chief  of  the  Uniformed  Force  by  the  Acting  Chief ; 

A  Superintendent  of  Buildings  by  a  Chief  Inspector  as  pro- 
vided in  Section  406  of  the  Charter. 

The  names  of  such  substitutes  shall  have  been  previously 
tiled  with  the  chairman. 


Article  II— Ca 


ed, 


slip] 


I  shall 
ly  all  t 


elude 


;  Before  the  Board 

the  Building  Zone  1 
)  of  the  Charter  and 


equired 


nde: 


standing  and  intelligent  ad 
in  each  case  must  be  base< 
nished.  The  statements  i 
petitioner,  or  the  conditio 
will  be  incorporated  in  tl 
Officials  who  are  charged 
ordinances  and  rules  relat 
York  will  be  guided  by  s 
permit  or  taking  any  othc 
there  are  no  misstatement 
of  the  approval  art'  obsen 


ion  by  the  respective  board.  Action 
1  largely  on  the  information  so  fur- 
nade  by  the  applicant,  appellant  or 
is  of  the  approval  by  cither  board, 
e  resolution  granting  the  approval, 
with,  the  enforcement  of  the  laws, 
ng  to  buildings  in  the  City  of  New 
uch  approvals,  and  before  granting 
r  affirmative  action,  should  sec  that 
;  as  to  facts  and  that  the  conditions 
ed.  Any  administrative  official  dis- 
of  essential  information  is  requested 
that  it  may  rescind  its  approval, 
did  only  so  long  as  the  informa- 


2.    Any  coi 
appeal  or  petition  shall  he  r 
tion  to  seek  relief  until  it 


be  supplied  with  the 
data  within  twenty  day 


tion  the  writer  shall 
presenting  his  appli- 
supply  the  required 
ismissed  for  lack  of 


4.  The  duplicate  of  each  application,  appeal  or 
required  by  this  article  shall  be  forwarded  promptly 
administrative  official  whose  order  is  involved  in  sue 


Articl 


[I— Th 


I.KNIiAK 


1.  Each  case  filed  in  the  proper  form,  witli  the  required 
data,  shall  be  numbered  serially,  regardless  of  whether  it  be 
an  application,  appeal  or  petition,  and  shall  be  placed  on  the 
Clerk's  Calendar.  The  calendar  numbers  shall  begin  anew  on 
January  1st  of  each  year,  and  shall  be  hyphenated  with  the 
number  of  the  year  and  the  initials  indicating  the  character 
of  the  case.  Thus  the  calendar  number  of  an  application 
under  the  Building  Zone  Resolution  in  1918  shall  be 
"210-18-BZ"  ;  an  appeal  from  any  order,  requirement,  decision 
or  determination  of  a  Superintendent  of  Buildings  or  of  the 
Fire  Commissioner,  "21 1  -18- A,"  and  a  petition  for  a  varia- 
tion of  the  Labor  Law  or  of  any  rule  or  standard  adopted 
thereunder,  "212-18-S." 

2.  So  soon  as  a  case  receives  a  calendar  number,  it  shall 
be  put  on  the  Clerk's  Calendar  and  the  applicant,  appellant 
or  petitioner  shall  he  notified  of  the  date  when  his  case  will 
be  reached  in  the  call  of  the  Clerk's  Calendar. 

3.  The  Clerk's  Calendar  shall  lie  called  each  Tuesday  at 
3  p.  m.  in  Room  919,  Municipal  Building,  Manhattan,  by  the 


Chaii 


ich  < 


or  the 
ise  shall  the 


which 


for  the  public  hearing 
shall  be  full  and  suffi- 
such  case. 


l  the  Trial  Calei 


rd  and  the  date  for  which  - 


ilendar  number 
The  Bulletin 
the  title  of  the 
case  has  been 


ticle  IV — Final  Disposition  of  Case; 
decision  of  either  board  on  any  case  s 


resolution. 

2.    A.    The  final  disposition  of 
before  the  Board  of  Appeals  shall  1; 
tion  either  reversing  or  modif; 
deci 

applicat 


lication  or  appeal 
form  of  a  resolu- 
dcr,  requirement, 
determination  appealed  from  and  granting  the 
dt  appeal,  or  affirming  the  order  and  denying  the 
application  or  appeal.  The  concurring  vote  of  five  members 
shall  he  necessary  to  a  decision.  If  a  resolution  fails  to 
receive  live  votes  in  favor  of  the  applicant  or  appellant,  the 
action  will  be  deemed  equivalent  to  a  denial,  and  a  resolution  . 
denying  such  application  or  appeal  shall  be  formally  entered 
on  the  record,  unless  there  be  members  absent  at  the  roll  call 
and  unless  the  number  of  members  present  added  to  the 
number  voting  for  the  applicant  or  appellant  would  equal  five, 
in  which  case  the  matter  will  be  laid  over  for  rehearing  before 


24 


B.  The  final  disposition  of  any  petition  before  the  Board 
of  Standards  and  Appeals  shall  be  in  the  form  of  a  resolution 
either  to  make  a  variation  of  the  requirements  of  the  law  or 
rule  cited  in  the  order  appealed  from,  or  to  deny  the  petition. 
The  concurring  votes  of  eight  members  shall  be  necessary 
to  make  a  variation.  If  a  resolution  to  make  a  variation  fails 
to  receive  eight  affirmative  votes  the  action  will  be  deemed 
equivalent  to  a  denial,  and  a  resolution  denying  such  petition 
shall  be  formally  entered  on  the  record.  [Adopted  May  13, 
1919.1 

3.  Any  applicant,  appellant  or  petitioner  may  withdraw  his 
application,  appeal  or  petition  at  any  time  prior  to  action 
thereon,  with  the  consent  of  the  board,  but  if  a  motion  has 
been  made,  and  is  pending,  either  to  grant  or  to  dismiss,  such 
motion  shall  have  precedence. 

4.  No  application,  appeal  or  petition  dismissed  or  denied 
can  be  considered  again  except  (1)  on  a  motion  to  reconsider 
the  vote,  or  (2)  on  a  request  for  a  rehearing. 

5.  If  motion  to  reconsider  receives  five  affirmative  votes  if 
it  is  before  the  Board  of  Appeals,  or  eight  affirmative  votes  if 
it  is  befoie  the  Board  of  Standards  and  Appeals,  the  Board 
may  vote  on  the  motion  to  grant,  provided  that  on  an  appli- 
cation under  the  Building  Zone  Resolution  the  case  must  be 
put  on  the  calendar  for  a  public  hearing  at  least  fourteen  days 
after  the  date  of  such  decision  to  reconsider  the  vote,  and 
the  property  owners  must  be  notified  by  the  applicant,  who 
must  file  proof  of  such  notice  within  three  days  after  the 
adoption  of  the  motion  to  reconsider. 

6.  No  request  to  grant  a  rehearing  can  be  entertained  unless 
new  evidence  is  submitted  which  could  not  be  presented  at 
the  previous  hearing.  If,  on  motion  of  a  member  of  the 
board,  adopted  by  five  affirmative  votes  in  the  Board  of 
Appeals,  or  by  eight  affirmative  votes  in  the  Board  of  Stand- 
ards and  Appeals,  the  request  for  a  rehearing  is  granted,  the 
case  shall  be  put  on  the  calendar  for  a  rehearing. 

In  all  cases  the  request  for  a  rehearing  shall  be  in  writing, 
reciting  the  reasons  for  the  request,  and  shall  be  duly  verified 
and  accompanied  by  the  necessary  data  and  diagrams.  Such 
request  shall  be  filed  with  the  chairman,  who  shall  have  a 
report  on  the  case  prepared  by  the  engineers.  The  persons 
requesting  the  reopening  shall  appear  before  the  board  on  a 
date  to  be  set  by  the  chairman,  of  which  he  shall  be  notified, 
and  shall  be  prepared  to  proceed  at  once  with  the  argument 
of  his  case  if  the  board  grants  a  reopening. 

In  case  of  a  request  to  reopen  a  building  zone  application 
the  same  procedure  shall  be  followed,  except  that  if  the  board 
votes  to  reopen  the  case  a  date  shall  be  set  for  the  "Calendar 
Call"  and  the  applicant  shall  be  required  to  notify  each  of  the 
property  owners  entitled  to  notice  of  the  application,  the 
same  procedure  to  be  followed  as  in  an  original  application. 

7.  Either  board  may,  on  the  motion  of  any  member,  review 
any  decis'.on  that  it  has  made,  and  may  reverse  or  modify 
such  decision,  but  no  such  review  shall  prejudice  the  rights  of 
any  person  who  has  in  good  faith  acted  thereon  before  it  is 
reversed  or  modified. 

Article  V — Building  Zone  Applications 
1.  No  application  for  a  variation  or  modification  of  the 
provisions  of  the  Building  Zone  Resolution  shall  be  heard  by 
the  Board  of  Appeals  except  in  a  specific  case,  and  from  an 
order,  requirement,  decision  or  determination  made  by  any 
Superintendent  of  Buildings  or  the  Fire  Commissioner  on  the 
ground  that  the  prouosed  plan  or  use  is  contrary  to  the 
Building  Zone  Resolution. 


2.  No  such  application  shall  be  entertained  unless  the  appli- 
cation is  filed  within  twenty  days  from  the  date  of  the  action 
of  the  Superintendent  of  Buildings,  or  of  the  Fire  Commis- 
sioner. 

3.  Evcy  application  shall  be  made  in  duplicate  on  Form 
14A  and  shall  lie  accompanied  by  all  the  data  required  by  such 
form,  and  shall  be  considered  subject  to  such  rules  as  the 
Board  of  Standards  and  Appeals  has  adopted,  or  may  adopt, 
under  Article  5,  Section  20,  of  the  Building  Zone  Resolution. 

4.  So  soon  as  any  application  is  completed  by  the  filing  of 
the  data  required  in  Form  14A  the  case  shall  receive  a  calen- 
dar number  and  shall  be  placed  on  the  Clerk's  Calendar,  and 
the  applicant  shall  be  notified  on  Form  12A  of  the  time  set 
for  the  call  of  the  calendar,  which  shall  be  at  least  five  days 
after  the  mading  of  said  notice.  With  this  notice  the  applicant 
shall  be  supplied  with  an  official  copy  of  Form  13A,  which  he 
is  required  to  send  to  each  of  the  property  owners  entitled  to 
notice  of  the  application.  Within  three  days  the  applicant 
must  file  a  verified  statement  that  he  has  so  notified  each  of 
such  property  owners  either  by  personal  service  or  by  regis- 
tered mail. 

5.  On  the  call  of  the  Clerk's  Calendar  the  applicant  shall 
appear  in  person,  or  by  agent  or  attorney,  and  property  own- 
ers affected  by  the  application  may  appear  either  in  person  or 
by  agent  or  attorney,  and  present  any  typewritten  and  verified 
objections  they  may  have  to  the  granting  of  the  application, 
together  with  a  description  of  their  property  and  an  affidavit 
of  ownership.  Then  a  date  shall  be  set  by  the  official  who 
calls  the  calendar  for  a  public  hearing  on  the  application,  the 
date  to  be  at  least  fourteen  days  thereafter,  so  as  to  permit 
advertisement  of  the  application  in  The  Bulletin  of  the 
board. 

6.  On  the  date  set  for  the  public  hearing  the  applicant  shall 
state  his  case,  then  the  opposition  shall  be  heard  and  the 
applicant  shall  have  opportunity  to  reply. 

7.  No  application  that  has  been  dismissed  or  denied  can 
be  entertained  in  a  case  in  which  the  applicant,  by  the  filing 
of  new  plans,  has  obtained  a  new  decision  from  the  Super- 
intendent of  Buildings,  unless  the  new  plans  materially  change 
the  aspects  of  the  case. 

Article  VI — Appeals 
1.  No  appeal  from  any  order,  requirement,  decision  or 
determination  of  a  Superintendent  of  Buildings  or  the  Fire 
Commissionei ,  or  from  any  rule  or  regulation  relating  to  the 
construction,  alteration,  structural  changes  in,  equipment,  occu- 
pancy or  use  of  any  building  or  structure,  under  Section  719 
of  the  Charter,  shall  be  heard  unless  such  appeal  is  filed  in 
duplicate  on  Form  ISA,  with  all  the  data  required  in  such 
form,  within  twenty  days  from  the  date  of  the  order  ap- 
pealed from. 

Article  VII — Petitions 
1.  No  petition  for  variation  of  the  labor  law,  or  of  any 
rule  adopted  thereunder,  affecting  the  construction  or  altera- 
tion of  buildings,  exits  therefrom,  the  installation  of  fixtures 
or  apparatus  as  authorized  by  Section  718-a,  sub-division  4 
of  the  Charter,  shall  be  heard  unless  it  is  made  in  duplicate  on 
Form  16S,  with  all  the  data  required  in  such  form,  within 
twenty  days  from  the  date  of  the  administrative  order  to  which 
the  petition  refers. 

Article  VIII — Adoption  of  Rules 
1.    No  resolution  of  the  Board  of  Standards  and  Appeals 
adopting  or  amending  any  rule  or  regulation  under  subdivi- 


25 


of  resolutions  ado] 


in  The  Bulletin  of  the  hoard,  has  hcen  held  on  such  pro- 
hoard  shall  he  necessary  for  the  adoption  of  such  resolution. 

2.  Amendments  to  these  Rules  of  Procedure  may  he  made 
by  the  Hoard  of  Standards  and  Appeals  at  any  regular  meet- 
ing, provided  notice  of  such  amendment  has  been  given  to 
each  member  of  the  hoard  three  days  prior  to  such  meeting, 
either  in  writing  or  by  publication  in  The  Bulletin.  The 
suspension  of  any  rule  of  procedure  may  he  ordered  at  any 

Article  IX — Other  Resolutions 

1.  Every  resolution  of  the  Hoard  of  Standards  and  Ap- 
peals suggesting  changes  or  amendments  to  the  law  under 
subdivision  5,  section  718-a  of  the  Charter,  shall  require  at 
least  eight  affirmative  votes  for  its  adoption. 

2.  Every  resolution  not  otherwise  provided  for,  ordinary 
motions,  or  decisions  on  rules  of  order,  shall  require  in  the 
case  of  the  Board  of  Standards  and  Appeals,  seven  affirma- 
tive votes,  and  in  case  of  the  Board  of  Appeals,  four  affirma- 
tive votes. 

Article  X — Inspections 

1.  In  any  case  in  which  the  Hoard  of  Appeals  may  deem 
it  necessary,  an  inspection  of  the  premises  in  question  may  be 
ordered  by  the  board.  Such  inspection  shall  be  made  by  the 
chairman  and  by  two  or  more  members  designated  by  him, 
and  they  shall  report  their  findings  to  the  hoard  in  writing. 
Article  XI — Tests 

1.  In  any  case  in  which  the  Board  of  Standards  and  Ap- 
peals may  order  a  test  of  any  material  or  device,  the  test  shall 
be  conducted  under  the  supervision  of  an  assistant  engineer, 
in  the  presence  of  the  chairman  and  two  or  more  members 
appointed  by  him,  and  the  result  of  such  test  shall  be  reported 
to  the  board  in  writing,  and  the  material  or  device  shall  not 
have  the  approval  of  the  hoard  unless  adopted  by  at  least 
eight  affirmative  votes. 

Article  XII — Records 

1.  All  applications,  appeals  and  petitions  shall  be  on  the 
required  forms,  and  all  communications,  reports,  etc.,  and 
plans,  relative  to  any  matter  appearing  on  the  calendar,  shall 
be  on  sheets  approximately  8  in.  by  \0!/>  in.  in  size.  After 
final  disposition,  they  shall  be  bound  in  some  suitable  manner. 
These  records  shall  be  kept  in  filing  cabinets  in  their  numerical 
order,  in  such  a  manner  that  they  are  accessible  to  the  public 
at  all  reasonable  hours. 

2.  An  index  indicating  locations  by  boroughs  shall  be  kept. 

3.  All  reports  on  matters  coming  before  cither  board  for 
action  shall  be  duplicated  in  sufficient  numbers  to  furnish  a 
copy  to  each  member.  The  original  shall  be  filed  with  the 
record  in  each  case. 

Article  XIII— The  Bulletin 
1.    The  Bulletin  of  the  Board  of  Standards  and  Appeals 
shall  be  published  on  Tuesday  of  each  week.    It  shall  contain: 

1.  Directory  of  the  Board. 

2.  The  Trial  Calendar. 

3.  Notice  of  hearings  on  Building  Zone  applications  and 

4.  An  abstract  of  the  minutes  of  each  meeting,  including 
a  brief  statement  of  the  action  in  each  case,  with  the  roll  call 
thereon  and  the  full  text  of  the  resolution  adopted. 


appo 


lation  as  may  be  of  value  to  the  public 
r  the  work  of  either  board. 


lgs.  Once  in  each 
1  shall  elect  one  of 
o  preside  at  meet- 


ings 


;  the 


the 


2.  The  chairman,  subject  to  these  rules,  shall  decide  all 
points  of  order  or  procedure,  unless  Otherwise  directed  by  a 
majority  of  the  hoard  in  session  at  that  time. 

of  appeals  to  make  an  inspection,  and,  unless  otherwise 
directed  by  a  majority  of  the  hoard  having  jurisdiction,  shall 
appoint  any  committee  that  may  be  found  necessary. 

4.  The  chairman  shall  report  at  each  meeting  on  all  official 
transactions  that  do  not  otherwise  come  to  the  attention  of 
the  board. 

5.  The  chairman  shall,  subject  to  'these  rules  and  further 
instructions  from  the  board,  transact  all  official  business  of 
both  boards,  engage  the  necessary  employes,  direct  their  work 
and  exercise  general  disciplinary  powers. 

6.  Subject  to  these  rules  and  direction  of  the  chairman, 
the  secretary  shall  conduct  all  official  correspondence,  com- 
pile the  required  records,  edit  The  Bulletin,  maintain  the 
necessary  files  and  indices,  and  generally  supervise  the  clerical 
work  of  the  board. 

7.  Subject  to  these  rules  and  the  direction  of  the  chairman, 
the  assistant  engineers  shall  examine  and  report  on  all  appli- 
cations, appeals  and  petitions;  prepare  all  proposed  rules  or 
revised  rules  suggested  by  outside  agencies,  with  reports  on 
the  reasons  and  necessities  for  same;  supervise  and  witness 
the  tests  conducted  under  the  auspices  of  the  board ;  and  assist 
generally  in  all  technical  matters  coming  before  the  hoard. 

8.  The  clerical  employes,  including  clerks,  stenographers, 
copyists,  messengers  and  others  that  may  be  added  at  any 
time,  shall  be  subject  to  the  immediate  direction  and  super- 
vision of  the  secretary. 

9.  The  chief  clerk  shall  do  the  necessary  bookkeeping  and 
keeping  of  accounts,  keep  the  files  and  notices  in  proper  order 
and  up  to  date,  assisting  in  editing  The  Bulletin,  and  gen- 
erally assist  the  secretary.  During  the  absence  or  disability 
of  the  secretary,  the  chief  clerk  shall  act  in  that  capacity. 

10.  The  chief  stenographer  shall  attend  the  meetings  and 
make  a  complete  record  of  the  transactions  for  the  files, 
including  verbatim  reports  of  such  parts  as  may  be  directed, 
and  shall  prepare,  after  each  meeting  and  in  time  for  the  next 
publication  of  The  Bulletin,  the  abstract  of  the  minutes 
which  is  to  appear  in  such  Bulletin. 

The  forms  referred  to  in  the  above  Rules  of  Procedure 
and  made  part  thereof  are: 

12A.    Advising  applicants  of  date  of  Calendar  Call  in  cases 
under  the  Building  Zone  Resolution. 


13A. 


of  I 


ing  property  owners  in 
14A.    Form  of  application 


it  by  applicants  to  neighbor- 
lilding  Zone  cases. 


ng  Zone  Resolution. 


t  the  requirements  of 


the  Labor  Law. 
17A.    Form  for  proof  of  service  of  notice  on  owners  of 

property  affected. 
18A.    Form  for  consents  in  applications  under  Section  7g. 
Copies  of  forms  14A,  ISA  and  16S  may  lie  had  at  Room  914, 
Municipal  Building,  or  will  be  mailed  upon  request  if  ad- 
dressed and  stamped  envelope  is  enclosed. 

Copies  of  Form  13A  may  be  had  at  three  cents  each  at  176 
Park  Row  (The  O'Connell  Press). 

RULES. 
AFFIDAVIT  AS  TO  USE: 
Rule  Adopted  by  the  Hoard  of  Standards  and  Appeals  Feb- 
ruary 7,  1918,  Effective  March  6.  1918. 
Every  applicant  for  a  permit  for  the  reconstruction  or  al- 
teration of  any  building  under  section  6  of  the  building  zone 
resolution  shall  submit  with  his  application  an  affidavit  setting 
forth  the  use  of  the  building  in  question  at  the  time  of  the 
passage  of  the  building  zone  resolution  and  further  setting 
forth  any  and  every  change  in  u-i  which  has  been  made  since 
the  adoption  of  the  said  resolution. 

CERTIFICATE  OF  OCCUPANCY. 
Rule  Adopted  by  the  Hoard  of  Standards  and  Appeals  Oc- 
tober, 19,  1916. 
(Cal.  No.  107-16-S) 
Whereas,  the  provisions  of  §  41 1-a  of  the  Greater  New 
York  Charter,  as  added  by  chapter  503,  laws  of  1916,  and  the 
provisions  of  §5,  article  1,  of  the  Building  Code,  and  of  §21, 
of  article  V,  of  the  Building  Zone  Resolution,  make  it  unlaw- 
ful to  use  or  occupy  for  any  purpose  any  building  hereafter 
erected,  or  hereafter  altered  or  converted,  until  a  certificate 
of  occupancy  has  been  issued  by  a  Superintendent  of  Build- 
ings ;  and 

Whereas,  the  provisions  of  §774  of  the  Greater  New  York 
Charter,  as  amended  by  chapter  459,  laws  of  1914,  and  chapter 
503,  laws  of  1916,  and  of  §22  of  article  V,  of  the  Buiding  Zone 
Resolution,  impose  upon  the  Fire  Commissioner  the  enforce- 
ment of  all  requirements  as  to  the  use  and  occupancy  of  com- 
pleted buildings,  and  that,  for  this  reason,  it  is  necessary  that 
the  Fire  Commissioner  shall  be  informed  of  the  use  and  pur- 
poses for  which  buildings  have  been  approved  by  a  Superin- 
tendent of  Buildings ; 

Resolved,  that  the  following  rule,  to  be  given  an  appro- 
priate number  when  the  compilation  of  existing  rules  is  com- 
pleted by  the  corporation  counsel,  be  and  it  is  hereby  adopted: 

RULE  — .  Whenever  a  certificate  of  occupancy  is  here- 
after issued  by  a  Superintendent  of  Buildings,  in  accordance 
with  any  of  the  provisions  of  §411-a  of  the  Greater  New  York 
Charter,  §5  of  the  Building  Code,  or  §21  of  the  Building  Zone 
Resolution,  a  verified  copy  of  such  certificate  shall  be  for- 
warded simultaneously  to  the  Fire  Commissioner  by  the  Super- 
intendent of  Buildings  issuing  the  same. 

GENERAL  RESOLUTIONS. 
TIME  LIMIT  CONDITIONS  ON  APPROVED  B.  Z. 

APPLICATIONS. 
°-        Adopted  by  the  Hoard  of  Appeals  June  26,  1917. 

Resolved,  that,  so  far  as  it  may  be  applicable,  a  condition 
be  attached  to  each  resolution  granting  an  appeal  under  the 
Building  Zone  Resolution,  requiring  that  the  necessary  permits 
for  the  work  contemplated  by  the  appeal  be  secured  within 
nine  months  of  the  date  of  the  action  of  the  Board  of  Appeals 
in  granting  the  appeal,  and  that  the  building  or  alteration,  as 
the  case  may  be,  shall  be  completed  within  eighteen  months  of 
the  date  of  the  action  granting  the  appeal. 


BUILDING  ZONE  CONSENTS. 

[This  has  not  the  force  of  a  Rule,  but  serves  as  a  guide  to 
applicants  in  preparing  their  cases.  If  any  question  arises 
in  a  particular  case  as  to  the  area  deemed  to  be  affected,  the 
Board  of  Appeals  definitely  sets  the  area.] 

As  a  general  guide  to  appellants  who  seek  permission,  under 
the  provisions  of  paragraph  g,  as  added  to  section  7  of  the 
Building  Zone  Resolution,  September  21.  1917,  by  the  Board  of 
Estimate  and  Apportionment,  to  erect  garages  in  residence  or 
business  districts,  the  board  of  appeals,  in  a  resolution  adopted 
January  29,  1918  (printed  below),  has  indicated  what  front- 
ages would  ordinarily  be  deemed  to  be  affected,  subject  to 
such  modification  in  individual  cases  as  may  appear  to  be  fair 
and  proper.  Where  the  practice,  with  respect  to  consents, 
established  by  the  resolution,  docs  not  seem  to  apply,  an  appli- 
cation may  be  made  to  the  Board  of  Appeals  for  a  ruling  in 
that  particular  case. 

The  resolution  reads  as  follows: 

Whereas,  the  Building  Zone  Resolution,  section  7,  paragraph 
g,  authorizes  the  Board  of  Appeals  to  permit  the  erection  of 
garages  in  restricted  districts,  provided  "consents  duly  ac- 
knowledged by  the  owners  of  80  per  cent  of  the  frontage 
deemed  by  the  board  to  be  immediately  affected"  are  filed ;  and 

Whereas,  delay  in  the  consideration  of  such  appeals  may 


Resolved, 
Appeals,  the 
to  be 


ise  directed  by  the  Board  of 
:ely  affected  shall  be  deemed 

business  or  residence  district, 
eet  or  streets  upon  which  the 
rontage,  entrance  or  exit,  in 
istarice  of  400  feet  from  the 
f  such  garage,  or,  when  there 
than  400  feet  and  more  than 
frontage,  entrance  or  exit,  up 

tnee  or  exit  of  such  garage; 
a  business  or  residence  elis- 
or exit  of 


dis 


r  plot  on  which  the 
Inch  is  not  already 


such  additional 
Resolved,  tha 


.  be 


ed; 


rid 


e  filing  of  such  consents  shall  in  no  wise 
of  the  Board  of  Appeals  in  amending  the 
fTected  or  in  declining  to  grant  an  appeal 
s  of  the  Building  Zone  Resolution  ;  and 
3arate  consents  shall  be  secured  from  each 
(in  the  case  of  a  corporation,  from  the 
m-  of  the  corporation,  or  in  the  case  of 
from  a  qualified  executor  or  administrator 
qualified  trustee  of  such  trust)  :  that  each 
show  clearly  the  authority  of  the  person 
executing  the  same;  that  each  such  consent  shall  describe  the 
premises  for  which  the  consent  is  granted  and  state  the  exact 
frontage  re;  resented  thereby;  and  that  each  such  consent  shall 
indicate  that  the  person  executing  the  same  understands  fully 
the  purpose  of  the  consent  and  is  informed  of  the  size,  char- 
acter and  use  of  the  building  for  the  erection  of  which  per- 
mission is  sought ; 


Resolvi 


such  consen 


Resolved,  that  such  consents  shall  be  filed  with  the  Board 
of  Appeals  at  least  one  week  in  advance  of  the  public  hearing 
on  the  appeal;  and 

Resolved,  that  with  such  consents  and  at  the  time  of  filing 
the  same  there  shall  he  submitted  to  the  Hoard  of  Appeals 
eight  copies  of  a  digram  or  diagrams,  drawn  to  scale,  on 
sheets  eight  by  ten  and  a  half  inches  in  size,  showing  the 
location  of  the  proposed  garage,  of  the  lot  or  plot  on  which 
it  is  located  and  of  each  and  every  lot  or  plot  the  frontage  of 
which  is  deemed  to  be  affected,  and  giving  the  frontage  by 
feet  and  fractions  thereof  and  the  names  of  the  owners  whose 
consents  are  filed. 

PERMITS  FOR  EXISTING  GARAGES  AND 
MOTOR  VEHICLE  REPAIR  SHOPS. 

It  appears  from  appeals  that  have  been  received  by  the  Board 
of  Appeals  that  there  is  a  number  of  garages  and  motor 
vehicle  repair  shops  that  are  not  lawfully  maintained  because 
the  necessary  license  or  permit  required  by  §150,  of  Chapter 
10  of  the  code  of  ordinances,  has  never  been  secured  from  the 
fire  commissioner.  Many  of  the  owners  or  proprietors  of 
these  buildings  now  find  that  their  belated  applications  for 
permits  are  not  granted  because  their  buildings  are  located 
in  districts  restricted  against  such  uses  by  the  building  zone 
resolution. 

The  board  of  appeals,'  realizing  that  in  some  cases  the  un- 
lawful use  was  continued  in  ignorance  and  not  in  defiance 
of  requirements,  has  decided  that,  if  satisfactory  proof  is 
submitted  to  the  fire  commissioner  that  a  building  has  actually 
been  used  as  a  garage  or  motor  vehicle  repair  shop  previous 
to  July  25,  1916,  (when  the  building  zone  resolution  became 
effective)  and  that  the  failure  to  obtain  the  permit  was  not 
due  to  indifference  or  negligence,  the  building  shall,  so  far 
as  the  Building  Zone  Resolution  is  concerned,  be  deemed  to 
have  been  used  as  a  garage  or  motor  vehicle  repair  shop  and 
its  continuance  shall  be  permitted. 

In  all  cases  coming  under  the  above  conditions,  while  it  may 

twenty-one  day  limit  in  order  to  conserve  the  right  of  appeal, 
the  appellant  should  at  once  take  up  the  matter  with  the  Fire 
Commissioner  for  adjustment,  notifying  the  board  of  his 
efforts  in  that  direction. 

The  general  resolution  adopted.  June  5,  1917,  in  connection 
with  Cal.  No.  616-17-A,  relating  to  garages  reads  as  follows: 

mitted  to  the  Fire  Commissioner  that  a  building  has  been  used 
as  a  garage  previous  to  July  25,  1916,  and  that  the  failure  to 
obtain  the  permit  required  by  §150,  Chapter  10,  Code  of  Ordi- 
nances, is  due  to  ignorance  and  not  to  indifference  or  negli- 
gence, a  building  shall,  under  and  within  the  provisions  of  the 
Building  Zone  Resolution,  be  deemed  to  have  been  used  as  a 
garage  and  its  continuance  shall  be  permitted  accordingly. 

The  general  resolution  adopted  September  11,  1917,  in  con- 
nection with  Cal.  1106-17-A,  relating  to  motor  vehicle  repair 
shops,  reads  as  follows: 

Resolved,  further,  that  when  satisfactory  evidence  is  sub- 
mitted t.»  the  Fire  Commissioner  that  a  building  has  been  used 
as  a  motor  vehicle  repair  shop  previous  to  July  25,  1916,  and 
that  the  failure  to  obtain  the  permit  required  by  §150,  Chapter 
10,  Code  of  Ordinances,  is  due  to  ignorance  and  not  to  indiffer- 
ence or  negligence,  a  building  shall,  under  and  within  the  pro- 
visions of  the  Building  Zone  Resolution,  be  deemed  to  have 


been  used  as  a  motor  vehicle  repair  shop,  and  its  continuance 
shall  be  permitted  accordingly. 


PRIVATE  GARAGES  IN  RESIDENCE  DISTRICTS. 

The  Board  of  Appeals,  on  February  25,  1918,  in  acting  on 
two  similar  appeals  under  Cal.  Nos.  2268-17-A  and  2269-17-A, 
ruled  that  garages  erected  within  residence  districts  as  acces- 

need  not  necessarily  consist  of  a  single  structure,  provided 
that  not  more  than  five  motor  vehicles  are  stored,  all  of  which 
arc  the  property  of  the  person  or  persons  residing  in  the  dwell- 
ing on  the  same  plot  with  the  garages.  These  resolutions  arc 
printed  in  full  in  the  Bulletin  of  March  28,  1918,  page  353. 
The  decision  relating  to  the  subject  above  reads: 

Rcsoh'cd,  that  the  appeal,  so  far  as  it  relates  to  the  erection 
of  the  garages  (these  consisted  of  two  separate  buildings  on 
the  rear  of  each  lot)  within  a  residence  district  as  accessories 
to  residence  buildings,  be  and  it  hereby  is  granted  as  a  matter 
of  right. 

TURKISH   BATH   OCCUPANCY   IN  RESTRICTED 
DISTRICTS: 

The  Board  of  Appeals  in  acting  on  Cal.  No.  236-16-A,  which 
called  for  an  expression  of  opinion  on  the  permissibility  of  a 
Turkish  and  Russian  Bath  establishment  in  a  restricted  district 
under  the  Building  Zone  Resolution,  adopted  a  general  resolu- 
tion, November  21,  1916,  in  connection  therewith  as  follows : 

Resolved,  that  in  the  opinion  of  the  Board  of  Appeals  the 
Building  Zone  Resolution  should  be  interpreted  as  permitting 
a  Turkish  and  Russian  bath  establishment  to  be  located  in  a 
business  district,  without  appeal ;  that  in  a  residence  district 
it  may  only  be  permitted  on  appeal  to  the  board,  after  public 
notice  and  public  hearing,  in  the  same  manner  as  in  appeal 
affecting  garages  in  a  business  district,  and  under  proper  con- 
ditions imposed  to  safeguard  the  character  of  the  district. 


A  LAUNDRY  A  FACTORY. 

The  Hoard  of  Appeals,  on  December  16,  1919,  ruled  that 
"inasmuch  as  a  laundry  is  a  factory  within  the  meaning  of 
the  Labor  Law,  it  must  be  so  construed  under  the  Building 
Zone  Resolution  in  the  absence  of  any  definition  therein  to 
the  contrary,"  and  rescinded  a  former  expression  of  opinion 
which  was  to  the  effect  that  a  laundry  was  not  a  prohibited 


ADVERTISING  SIGNS  PROHIBITED  IN  RESI- 
DENCE DISTRICTS. 

The  Board  of  Appeals,  on  October  29.  1918.  under  Cal.  1548- 
18-A,  rendered  a  decision  giving  an  interpretation  of  Section 
3,  Building  Zone  Resolution  with  respect  to  the  erection  of  bill 
boards.    This  section  specifies  what  buildings,  structures  an- 

to  state  that  accessory  uses  customarily  incident  to  such  struc- 
tures arc  also  permitted.  The  matter  at  issue  came  before  the 
Board  of  Appeals  through  a  communication  from  the  Superin- 
tendent of  Buildings,  Borough  of  Brooklyn,  requesting  an 
opinion  on  the  matter,  which  was  rendered  in  adopting  the 
following  motion  declaring  that 

"It  is  the  sense  of  this  Board  that  bill  boards  are  within  the 


28 


purview  of  the  objectionable  and  prohibited  features  under 
the  Building  Zone  Resolution  in  a  residence  district." 

On  the  same  day,  the  board  rendered  a  similar  decision  with 
respect  to  electric  signs  in  residence  districts,  in  acting  on  Cal. 
1486-18-HZ.  The  board  incorporated  the  following  in  its  reso- 
lution denying  this  application: 

"*  *  *  and,  in  the  opinion  of  the  Board  of  Appeals,  the 
erection  of  such  a  sign  (an  electric  theatre  sign)  was  not  in 
conformity  with  the  intent  and  spirit  of  the  zoning  resolution ;" 

SUPREME  COURT  DECISION. 

The  opinion  of  Mr.  Justice  Benedict,  reversing  the  action  of 
the  Board  of  Appeals  in  granting  permission  to  erect  a  riding 
academy  and  stable  on  the  east  side  of  Franklin  and  Washing- 
ton avenues  (.where  they  converge)  extending  from  Malbone 
street  to  Sterling  street,  Brooklyn,  decides  several  points  of 
importance  in  the  handling  of  appeals  under  the  building  zone 
law,  of  which  the  following  are  of  immediate  interest: 

In  order  that  it  may  be  entertained,  an  application  for  modi- 
fication of  the  building  zone  resolution  must  be  brought  before 
the  Board  of  Appeals  in  the  same  manner  as  any  other  appeal, 
that  is,  an  appeal  from  a  decision  or  determination  of  the 
Fire  Commissioner,  or  of  a  Superintendent  of  Buildings.  It  is 
pointed  out.  that  under  Chapter  503,  Laws  of  1916,  each  Super 
intendent  of  Buildings  has  exclusive  jurisdiction  within  his 
borough  .o  require  that  the  construction  and  alteration  of  all 
buildings  shall  conform  to  such  provisions  of  law  or  ordinance, 
including  the  Building  Zone  Resolution,  as  may  be  applicable. 

Therefore,  whenever  an  exception,  under  the  Building  Zone 

for  a  change  of  occupancy,  must  first  be  submitted  to  the 
Superintendent  of  Buildings  and,  in  case  his  decision  is  ad- 
verse, an  application  for  modification  of  the  Building  Zone 
Resolution  may  then  be  made  to  the  Board  of  Appeals. 

A  second  point  made  by  the  Court  is  the  definition  of  the 
word  "block"  as  used  in  the  Building  Zone  Resolution.  The 
Court  sustains  the  interpretation  given  by  the  Board  of  Ap- 
peals, namely,  that  a  ||block"  is  that  portion  of  any  so-called 
"square  block"  (the  territory  bounded  and  enclosed  by  three 
or  more  streets)  "fronting  on  a  street  between  two  intersecting 

The  second  point  is  no  longer  of  interest,  however,  as  the 
Building  Zone  Resolution  has  since  been  amended  in  this  re- 
spect, to  clarify  its  intent. 

The  question  as  to  whether  a  building  is  located  on  a  certain 
block  is  determined  by  the  Court  when  it  holds  that  the  build- 
ing "is  not  to  be  deemed  in  any  particular  'portion  or  block' 
within  the  meaning  of  subdivision  e  (Building  Zone  Resolu- 
tion) unless  there  be  a  public  entrance  thereto  within  such 
'portion  or  block'."  It  could,  it  would  seem,  be  held  conversely 
that  if  a  building  has  a  public  entrance  on  any  street,  it  must  be 
considered  as  located  on  that  street  and  must,  therefore,  be 
affected  by  any  provisions  or  limitations  placed  on  such  street 
by  law  or  ordinance. 

The  opinion  is  printed  in  full  in  the  Xew  York  Law  Journal, 
June  18.  1917. 

OPINIONS  OF  THE  CORPORATION  COUNSEL. 
SKY  SIGNS. 

According  to  an  opinion  of  the  corporation  counsel,  roof 
signs  are  subject  to  the  height  and  set-back  restrictions  of 
the  Building  Zone  Resolution.  The  provisions  of  artie'e  16  of 


chapter  23,  of  the  Code  of  Ordinances,  which  relate  to  the 
height  of  roof  signs,  have  been  superseded  by  the  provisions 
of  the  Building  Zone  Resolution.  (Noted  in  the  Bulletin. 
October  11,  1916.) 

WIDTH  OF  COURTS. 

In  an  opinion  by  the  corporation  counsel  to  the  borough 
president  of  Manhattan  as  to  the  effect  of  §19  of  the  Building 
Zone  Resolution  on  the  provisions  of  §135  of  the  Building 
Code  relating  to  the  width  of  courts,  it  is  held  that  "by  §19  of 
the  Building  Zone  Resolution,  the  provi  ion  of  said  resolution 
or  of  the  Building  Code  which  requires  the  wider  outer  court 
controls."-  (Noted  in  the  Bulletin,  April  19,  1917.) 

JURISDICTION  TO  PREVENT 
ILLEGAL  CHANGE  OF  OCCUPANCY. 

As  several  communications  have  been  received  by  the  chair- 
man of  the  Board  of  Appeals,  apparently  looking  to  this  board 
to  prevent  changes  of  occupancy  that  are  made  contrary  to,  or 
in  violation  of  the  provisions  of  the  building  zone  resolution, 
it  may  be  well  to  point  out  that  the  administration  of  that 
resolution  does  not  devolve  on  this  board,  but  rests  with  the 
Fire  Commissioner,  the  superintendent  of  Buildings  and  the 
Tenement  House  Commissioner,  each  within  his  respective  jur- 
isdiction. The  function  of  this  board  with  respect  to  this  reso- 
lution is  the  consideration  of  applications  for  exceptions  per- 
mitted and  provided  for  by  the  resolution,  for  interpretation 
of  its  provisions,  or  for  modifications  on  the  grounds  of  prac- 
tical difficulties  or  unnecessary  hardship. 

A  change  of  occupancy  that  does  not  involve  structural 
changes  comes  within  the  jurisdiction  of  the  Fire  Commissioner 
and  any  complaint  regarding  such  a  change  should  be  sent  to 
his  department.  Thus,  early  in  February,  1917,  the  Fire  Com- 
missioner, acting  on  the  protest  of  neighbors,  ordered  the  re- 
.noval  of  a  cleaning  establishment  that  had  been  installed, 
subsequent  to  the  adoption  of  the  Building  Zone  Resolution,  in 
a  residence  building  in  a  restricted  district. 

It  may  be  interesting  in  this  connection  to  note  that  a  com- 
plaint of  certain  property  owners  against  the  establishment  of 
a  restaurant  in  a  residence  district  was  dismissed  by  Mr.  Jus- 
tice Greenbaum,  as  it  was  not  shown  that  the  public  authorities 
charged  with  the  duty  of  enforcing  this  resolution  had  refused 
to  act.  (See  New  York  Law  Journal,  February  19,  1917,  page 
1808.)    (Noted  in  the  Bulletin,  June  21.  1917.) 

NOTICE  TO  APPLICANTS 
UNDER  BUILDING  ZONE  RESOLUTION. 

In  accordance  with  a  request  made  by  the  Board  of  Estimate 
and  Apportionment,  the  following  requirement  will  have  to  be 
observed  in  all  applications  under  the  Building  Zone  Resolu- 
tion : 

Before  the  date  set  for  the  call  of  the  calendar,  every 
applicant  under  the  Building  Zone  Resolution  must  file 
with  the  Board  of  Appeals  an  affidavit  as  to  whether  or 
not  any  petition  has  been  presented  to  the  Board  of  Esti- 
mate and  Apportionment  for  the  changing  of  the  use 
district  regulations  affecting  the  block  on  which  the  prem- 
ises in  question  are  located. 
The  Board  of  Estimate  has  further  requested  the  Board  of 
Appeals — ■ 

"to  defer  action  on  petitions  pending  before  the  Board 
of  Estimate  and  Apportionment  for  amendment  of  the 
Building  Zone  Resolution,  until  said  Board  has  had  op- 
portunity to  act  in  the  matter." 


29 


HARRY  A.  KAHLER,  President 


EDWARD  MULLOWNEY.  Asst.  Treas.  JOSEPH  L.  OBERMAYER,  Treasurer 

GEORGE  ZABR1SKIE,  )  HUBERT  F.  BREITWIESER,  ) 

CYRIL  H.   BURDETT,      V.ce-Presidents  NELSON  A.  MEPSEREAU,  f  Assistant 

HENRY  S.  ACKEN,        I  LOUIS  PALESTRANT,  I  Secretaries 

GERHARD  KUEHNE,  Secretary  ERNEST  J.  HABIGHORST.  ' 

MORGAN  J.  O'BRIEN,  Counsel 


NEW  YORK 
TITLE  AND  MORTGAGE 
COMPANY 

Capital  and  Surplus  -  -  -  $4,000,000 


Examines  and  Insures  Titles  to  Real  Estate  and  Lends  Money 
on  Bond  and  Mortgage. 

Guarantees  Payment  of  Principal  and  Interest  of  First  Mort- 
gages on  carefully  selected  ~nd  conservatively  appraised  improved  real 
estate  located  in  the  City  of  New  York,  and  sells  same  to  Investors 
net  them  5y2'r,  such  investments  being  exempt  from  Personal  Taxation 
in  the  State  of  New  York  and  legally  authorized  investments  for  Trus- 
tees and  Savings  Banks. 

Small  Sums  of  Money  seeking  investment  may  be  placed  with  the  same 
certainty  of  security  in  Guaranteed  First  Mortgage  Certificates,  issued 
in  amounts  of  $100  and  up,  yielding  b','<  to  the  investor. 


135  Broadway,  Manhattan 
203  Montague  St.,  Brooklyn 
375  Fulton  Street,  Jamaica 
Bridge  Plaza  North,  L.  I.  City 


163  Main  St.,  White  Plains 
24  Bay  Street,  St.  George,  S.  I. 
Title  Insurance  Bldg.,  Buffalo 


i 


THE    OHMAN    MAP  CO. 

258  BROADWAY 
NEW  YORK 


Map  of  Borough  of  Manhattan 


SHOWING 
USE,  HEIGHT  AND  AREA  DISTRICTS 

Explanatory  Notes 

USE  DISTRICTS 

Blocks  in  RESIDENCE  Districts  shown  by  light  black  lines,  thus:  j=J 
Blocks  in  BUSINESS  Districts  shown  by  heavy  black  lines,  thus:  Mas 
Blocks  in  UNRESTRICTED  Districts  shown  by  heavy  black  dots,  thus:  .... 

HEIGHT  DISTRICTS 

Boundary  lines  shown  by  green  lines.  Height  Districts  are  shown  by 
green  numerals,  indicating  the  height  to  which  a  building  may  be  erected, 
gauged  by  the  width  of  the  street  on  which  it  fronts. 

AREA  DISTRICTS 

Boundary  lines  shown  by  red  lines.  Area  Districts  are  shown  by  red 
letters,  indicating  the  percentage  of  the  lot  which  can  be  utilized  for 
building  purposes. 

Business  streets  (black)  which  are  also  boundary  lines  between  Height 
or  Area  Districts  are  indicated,  if  within  the  street,  by  colors  on  both  sides 
of  the  street,  and  if  on  the  side  of  the  street,  by  color  along  that  side  only. 


Map  of  Borough  of  the  Bronx 


SHOWING 
USE,  HEIGHT  AND  AREA  DISTRICTS 

Explanatory  Notes 

USE  DISTRICTS 

Blocks  in  RESIDENCE  Districts  shown  by  light  black  lines,    thus:    j  j 

Blocks  in  BUSINESS  Districts  shown  by  heavy  black  lines,  thus:  m 
Blocks  in  UNRESTRICTED  Districts  shown  by  heavy  black  dots,  thus:  .... 

HEIGHT  DISTRICTS 

Boundary  lines  shown  by  green  lines.  Height  Districts  are  shown  by 
green  numerals,  indicating  the  height  to  which  a  building  may  be  erected, 
gauged  by  the  width  of  the  street  on  which  it  fronts. 

AREA  DISTRICTS 

Boundary  lines  shown  by  red  lines.  Area  Districts  are  shown  by  red 
letters,  indicating  the  percentage  of  the  lot  which  can  be  utilized  for 
building  purposes. 

Business  streets  (black)  which  are  also  boundary  lines  between  Height 
or  Area  Districts  are  indicated,  if  within  the  street,  by  colors  on  both  sides 
of  the  street,  and  if  on  the  side  of  the  street,  by  color  along  that  side  only. 


Map  of  Borough  of  Brooklyn 


SHOWING 
USE,  HEIGHT  AND  AREA  DISTRICTS 

Explanatory  Notes 

USE  DISTRICTS 

Blocks  in  RESIDENCE  Districts  shown  by  light  black  lines,    thus:    j  j 

Blocks  in  BUSINESS  Districts  shown  by  heavy  black  lines,  thus:  ne 
Blocks  in  UNRESTRICTED  Districts  shown  by  heavy  black  dots,  thus:  .... 

HEIGHT  DISTRICTS 

Boundary  lines  shown  by  green  lines.  Height  Districts  are  shown  by 
green  numerals,  indicating  the  height  to  which  a  building  may  be  erected, 
gauged  by  the  width  of  the  street  on  which  it  fronts. 

AREA  DISTRICTS 

Boundary  lines  shown  by  red  lines.  Area  Districts  are  shown  by  red 
letters,  indicating  the  percentage  of  the  lot  which  can  be  utilized  for 
building  purposes. 

Business  streets  (black)  which  are  also  boundary  lines  between  Height 
or  Area  Districts  are  indicated,  if  within  the  street,  by  colors  on  both  sides 
of  the  street,  and  if  on  the  side  of  the  street,  by  color  along  that  side  only. 


I 


I 


